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High Court rejects native title appeal – $700m awarded to Indigenous landholders
A Federal government appeal against a compensation claim over mining rights in the Northern Territory has been rejected by the High Court in what appears to be a major turning point in Indigenous land rights claims across Australia.
In May 2023 the Federal Court granted the Gumatj clan up to $700million in compensation after it was found the development of the bauxite miner on the Gove Peninsula in Arnhem Land went ahead without their consent.
The claim was originally brought in 2019 by the late Yunupingu, a land rights activist, on behalf of the Gumatj people.
“Dr. Yunupingu fought tirelessly for his people’s rights, and today, his legacy is upheld,” the Greens representative for First Nations people, Senator Dorinda Cox said.
“Mining began on these lands without consent from Traditional Owners, let me make it clear: There was absolutely no free, prior and informed consent. The government must now step up, respect this decision, and ensure the Gumatj people and others receive the compensation they are owed.”
The Commonwealth government had originally granted mining rights in 1968 without consent from the traditional owners.
The Federal court had found the rights had been granted on ‘nit just terms’ before it was then leased to mining companies by Nabalco.
The government’s appeal rested on the premise that taxpayers would be exposed to vast compensation if the ruling was allowed to proceed. The High Court rejected the appeal.
“The Commonwealth would be liable to pay compensation (to native title holders) with interest possibly over 100 years or more,” Commonwealth solicitor-general Stephen Donaghue KC had said at the opening of the appeal.
But Arthur Moses SC, representing the Gumatj people, told the court it was about redressing past wrongs.
Senator Cox said the High Court decision was a landmark victory for the Gumatj people.
“Justice has been served in this country for my people and the people of North East Arnhem Land,” Djawa Yunupingu, a Gumatj peoples representative, said.
“I also want to acknowledge my late brother … who was the one who had the vision.
“It’s for the future of my people and our children and their children.”
Senator Cox said the High Court decision was a landmark victory for the Gumatj people, and all First Nations communities going forward, fighting for justice.
“It confirms what we have long known – native title is not just symbolic, it is real, legal property, and the government cannot be allowed to take this away without fair compensation,” she said.
“First Nations people do not see land and sea as property, it is intrinsic to our identity as a culture and native title cannot separate this.
“For too long, First Nations people have borne the cost of mining and resource extraction on our lands without proper respect and shared benefit. This ruling sends a clear message and precedent: the Commonwealth cannot ignore its obligations when it comes to First Nations land rights.”
The case will now return to the Federal court to finalise other issues raised in the dispute.
