Warden Calder SM
BHP Billiton Minerals Pty Ltd applied for the grant of 22 mining leases over approximately 204 square kilometres of land in Western Australia, encompassing land subject to the Martu Idja Banyjim people’s native title claim. The Martu Idja Banyjim people objected to the grant of these leases based on the alleged adverse effects that these mining operations have already had on and would have in the future on the environment, their culture and traditions and their cultural landscape, including Aboriginal heritage sites. BHP argued that the Martu Idja Banyjim people should not be given the opportunity to be heard by the Minister in relation to these leases. They claimed that the grounds of objection were not sufficient to give rise to the Minister being required to consider the exercise of their discretion to terminate or refuse BHP’s applications.
Calder M found that, prima facie, the objections of the Martu Idja Banyjim people were sufficient and should be considered by the Minister.