Traditional owners in WA's north challenge state over fast-tracking mining exploration approvals
Kimberley Land Council chief executive Tyronne Garstone says the expedited procedure is being exploited. (ABC News)
In short:
Traditional owners in Western Australia's north claim the state government is "inappropriately fast-tracking" exploration projects.
WA has the highest rate of approving mining exploration tenements through "expedited procedure", according the National Native Title Tribunal.
What's next?
The Federal Court is reviewing a case, brought forward by the Kimberley Land Council, before making a determination.
Traditional owners in Western Australia's north have launched legal action against the state government claiming it is fast-tracking mining and exploration projects at cultural expense.
Under the Native Title Act 1993 mining companies are required to negotiate with traditional owners before getting approval to work on Country.
But this process can be bypassed using "expedited procedure", intended for projects unlikely to interfere with traditional owners' rights or damage culturally significant sites.
Highest rate in country
WA has the highest rate of approving mining exploration tenements through expedited procedure, according to the National Native Title Tribunal.
| WA | QLD | NT | NSW | VIC | SA | TAS | |
|---|---|---|---|---|---|---|---|
| Expedited | 80,538 | 7,131 | 4,707 | 7 | 0 | 0 | N/A |
| Not expedited | 9,469 | 2,864 | 515 | 633 | 855 | 57 | N/A |
Kimberley Land Council (KLC) chief executive Tyronne Garstone said it was "a loophole being exploited".
"We believe the expedited procedure process is limiting the ability for traditional owners to protect their cultural heritage and really exercise their native title rights," he said.
"There's a blatant position by the state government to try and fast-track development and disengage with traditional owners."
Calls for meaningful engagement
The Kimberley Land Council has launched a Federal Court appeal claiming the unfair fast-tracking of mining exploration. (Supplied )
The Federal Court appeal made by KLC, alongside Malarngowem Aboriginal Corporation, Yanunijarra Aboriginal Corporation and Walalakoo Aboriginal Corporation, said a significant amount of resources were used to fight expedited procedure cases.
It said Australian business tycoon Andrew Forrest's Fortescue Metals Group (FMG) applied for 110 exploration licences in the Kimberley between 2021 and 2022.
Under expedited procedure the WA government fast-tracked 92 applications.
Andrew Forrest's FMG has exploration projects approvals fast-tracked under expedited procedure. (ABC Capricornia: Katrina Beavan)
KLC objected to every expedited case and after three years of negotiations, in 2025, FMG had withdrawn from about 90 of the licence applications.
"The state government is pushing the responsibility [to challenge cases] back onto traditional owners and also the land councils … and that is onerous and traumatic,"Mr Garstone said.
"We've collected enough evidence now for a strong case to prove the use of expedited procedure has been inappropriately applied."
The appeal comes as the WA Law Society said the government's new State Development Bill gave Premier and State Development Minister Roger Cook "extraordinary powers to override" conventional environmental protection safeguards.
The State Development Bill is before the Legislative Council of Western Australia.
'Disrespectful and counter-productive'
Walalakoo Aboriginal Corporation executive chairperson Robert Watson said the expedited procedure created legal conflict and harmed cultural authority.
Robert Watson says the current system makes shortcuts around traditional owners rights. (Supplied)
"We fought for years to have our native title recognised, but the way the state applies the expedited procedure means companies and government can walk straight past us," he said.
"It feels like we are again being marginalised in decisions about our own Country.
"We have always complied with the western legal system, but the system keeps looking for shortcuts around our rights."
Mr Watson said positive relationships that engaged with traditional owners were essential for the long-term success of development projects.
A state government spokesperson said it was not appropriate to comment given the matter was before the courts.
"The WA government complies with the statutory requirements of the Native Title Act and notes the full Federal Court has heard argument and reserved its decision on this matter," they said.
The Federal Court is reviewing the evidence and arguments before making a determination.