The High Court has dismissed the Federal Government’s appeal of a 2023 native title case in the Northern Territory.
The Gumatj clan had successfully argued the Government breached native title laws by granting a mining lease in the 1960s without the permission of Traditional Owners.
This week, the High Court upheld the Federal Court’s 2023 ruling, meaning the clan can now seek financial compensation for the damage caused by decades of mining.
Context
In May 2023, the late land rights activist Dr Yunupingu won a native title claim against the Federal Government in the Federal Court on behalf of the Gumatj clan.
Native title is a legal recognition of First Nations people’s rights over, and interests in, their land and waters.
In practice, it means First Nations groups can negotiate with companies who want to develop or use their land, but not block them from doing so completely.
Case
Led by Dr Yunupingu, the Gumatj clan brought the claim against the Government over a lease granted to a mining company in the northeast corner of Arnhem Land in the NT to a mining company in the 1960s.
Under the Constitution, the Federal Government can acquire any property on “just terms” — something must be given in exchange, like money.
The Gumatj clan argued the Government had acquired the land without “just terms” and without Traditional Owners’ permission under native title, so could not lease it.
The Government challenged the claim, arguing it did not have to abide by the “just terms” because it had total control of the NT at the time.
Your contribution ensures The Daily Aus can continue doing the work you love.
I want to give $10 monthly to help TDA keep doing the news.
Your details:
The Northern Territory was under federal control from 1911 to 1978.
It also argued native title rights are not equivalent to property, so it did not need to pay compensation for acquiring the land.
The Federal Court ruled against the Government in May 2023. The Government appealed that decision.
Dismissed
The High Court rejected the Government’s appeal by a majority this week.
Attorney-General Mark Dreyfus said the decision settles “critical constitutional issues” and provides clarity for future cases.
In a press conference on Tuesday, when asked why the appeal was filed, Prime Minister Anthony Albanese said it was in the national interest “to provide certainty“.
The decision may lead to future native title claims dating back to 1911.
Compensation
Members of the Gumatj clan are expected to return to the Federal Court to determine compensation.
Dr Yunupingu’s brother Djawa Yunupingu, a senior member of the Gumatj clan, told reporters outside the court: “Justice has been served.”
“I also want to acknowledge my late brother… who was the one with the vision... for the future of my people, our children, and their children,” he added.
