The Kimberley Land Council, together with Malarngowem Aboriginal Corporation RNTBC, Yanunijarra Aboriginal Corporation RNTBC, and Walalakoo Aboriginal Corporation RNTBC, has lodged an appeal to the Full Federal Court challenging the State of Western Australia's use of the expedited procedure under the Native Title Act.

The appeal, the hearing of which is scheduled to begin Thursday, challenges a Federal Court decision that the Native Title Act permits the State to exercise what has been described as "entirely unfettered" discretion in applying the expedited procedure, which avoid the right to negotiate and allows exploration and other mining tenements to be granted on native title land without negotiation with Traditional Owners.

The KLC and the Native Title bodies are arguing the State's discretion to apply to the expedited procedure must be exercised carefully and by reference to the statutory criteria under the Native Title Act.

The expedited procedure bypasses the Native Title Act's Right to Negotiate - a central protection that ensures Traditional Owners have a meaningful say over mining and exploration on their Country.

Traditional Owners and the KLC argue the State's current approach "undermines their hard-won native title rights, erodes cultural, environmental and community protections, and places an enormous burden on already under resourced organisations".

KLC chief executive Tyronne Garstone said the decision to pursue legal action was not taken lightly.

"Traditional Owners across the Kimberley deserve proper consultation and meaningful engagement when decisions are made about their Country," he said.

"The expedited procedure is being used inappropriately, limiting the ability of Traditional Owners to protect their cultural heritage and exercise their Native Title rights."

In a statement on Thursday, the Land Council and Traditional Owner groups raised key concerns about the use of the expedited procedure.

The groups noted cost shifting - with Traditional Owners and the KLC bearing substantial, unrecoverable costs when responding to the State's expedited procedure statements. In one year alone, expedited procedure matters accounted for around 23 per cent of the KLC's native title funding.

The parties also cited emotional and cultural strain.

"Many Traditional Owners have had to give essentially the same evidence more than 15 times, repeatedly proving impacts on their rights," they said.

The KLC and Traditional Owners also raised the problem of "unrealistic evidence burden", noting that objecting to a proposal often requires revealing culturally sensitive information, which proponents can later use in applications that risk damaging significant sites.

The groups also said the procedure undermines negotiations: "Proponents can avoid early engagement and wait to see if tenements are granted without negotiation, damaging long-standing relationships."

The Land Council and Native Title bodies also said the expedited procedure allowed exploration without consent; breaching cultural protocols and potentially causing serious harm on Country.

Walalakoo Aboriginal Corporation Executive chair Robert Watson said the expedited procedure is undermining respectful and effective engagement with Traditional Owners.

"The expedited procedure allows mining companies to come onto our traditional lands without having to consider the interests of Nyikina and Mangala people unless we go through the costly and exhausting process of objecting," he said.

"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. 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 so that resource and agricultural projects can move ahead quickly. That is disrespectful—and it is counter-productive."

Mr Watson said if proponents want long-term projects to succeed, they need "strong, positive relationships with Traditional Owners from the very beginning".

"Starting with the expedited procedure puts everyone on the wrong foot," he said.

Mr Watson said the process creates unnecessary legal conflict, harms cultural authority, and undermines the genuine partnerships needed for project development.

The appeal comes as the Australian Law Reform Commission prepares to release its report on the Future Acts Regime, including recommendations on the expedited procedure.

The case is expected to be a significant national test of how governments should apply the expedited procedure and may have long-term implications for the rights of Traditional Owners across Australia.

National Indigenous Times has contacted the Western Australian and Federal governments for comment.

On Friday afternoon, a WA government spokesperson said: "The WA Government complies with the statutory requirements of the Native Title Act and notes the Full Federal Court has heard arguments and reserved its decision on this matter."

This story was updated at 4:43pm, November 21.