Bombshell High court decision opens door to ‘vast amount’ of native title compensation claims
The High Court has dismissed a government appeal against the granting of a massive compensation payment to Aboriginal landholders who say mining operations went ahead without their consent.
In May 2023, a decision of the full bench of the Federal Court allowed the Gumatj clan to receive up to $700million in taxpayer money as compensation for bauxite mining at Gove in northeast Arnhem Land.
Renowned land rights activist, the late Yunupingu, originally brought the case in 2019, alongside an application for native title on behalf of the Gumatj clan.
The case centred on the Commonwealth’s granting of mining rights on Gumatj Country in 1968 without consent from traditional owners.
The Federal Court found the Gumatj clan’s land was not acquired ‘on just terms’ before being leased to the Swiss-Australian mining consortium, Nabalco.
In October 2023, the High Court granted the federal government special leave to appeal the decision.
Gumatj leaders Djawa Yunupingu and Balupalu Yunupingu were at the High Court on Wednesday to hear the High Court again rule against the Commonwealth.
The government had argued taxpayers would be exposed to a ‘vast amount’ of compensation if the government appeal failed.
Arnhem land traditional owners could receive a huge payout for mining of their land without consent following a failed High Court appeal by the commonwealth
‘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 said at the opening of the appeal.
The lead barrister representing the Gumatj clan, Arthur Moses SC, told the court its case aimed to ‘redress past wrongs’ after land was taken from traditional owners without their consent.
‘It impaired the rights of these people and others to their lands. It caused immense upheaval to these people and their way of life that continues to this day (via) high levels of stress and loss of opportunity,’ Mr Moses said.
Djawa Yunupingu, a senior member of the Gumatj clan, praised the decision of the High Court.
‘Justice has been served in this country for my people and the people of North East Arnhem Land,’ he 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.’
Djawa Yunupingu, a senior member of the Gumatj clan, praised the decision of the High Court
Attorney-General Mark Dreyfus said the government recognised the contribution of the late Dr Yunupingu.
‘The Commonwealth appealed to the High Court to settle critical constitutional issues in this case,’ he said.
‘This decision clarifies the Constitution’s application to those issues for parties to this and future matters.
‘While the High Court has considered significant aspects of this matter, the case will now return to the Federal Court to resolve other remaining complex issues.’
