Harvey v Minister for Primary Industry and Resources [2024] HCA 1

Harvey v Minister for Primary Industry and Resources [2024] HCA 1

The creation of ML 29881 is a future act that constitutes the creation of a right to mine for the sole purpose of constructing an infrastructure facility associated with mining, as the definition of 'infrastructure facility' in s 253 of the Native Title Act is not exhaustive, and the DSEA falls within the ordinary meaning of an infrastructure facility associated with mining. Therefore, the procedural rights under s 24MD(6B) of the Native Title Act apply.

Parties
Appellant: David Harvey; Appellant: Mr Simon; Appellant: Prescribed body corporate (unnamed); Respondent: Minister for Primary Industry and Resources; Respondent: Second respondent (unnamed); Respondent: Mount Isa Mines Limited
Jurisdiction
Australia
Judgment Date
07 February 2024
Procedural Posture
Appeal / On Appeal From the Full Court of the Federal Court of Australia
Outcome
Appeal allowed.
Legal Topics
Procedural Rights of Native Title Holders, Definition of 'right to Mine', Definition and Scope of 'infrastructure Facility', Statutory Interpretation, Application of S 24 Md(6 B) Native Title Act
Native Title Mining Law Administrative Law Procedural Rights of Native Title Holders Definition of 'right to Mine' Definition and Scope of 'infrastructure Facility' Statutory Interpretation Application of S 24 Md(6 B) Native Title Act

Case Brief

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Parties

David Harvey

Appellant

Mr Simon

Appellant

Prescribed body corporate (unnamed)

Appellant

Minister for Primary Industry and Resources

Respondent

Second respondent (unnamed)

Respondent

Mount Isa Mines Limited

Respondent

Procedural Posture

Appeal / On Appeal From the Full Court of the Federal Court of Australia

Legal Issues

  1. 1 Whether the grant of ML 29881 under s 40(1)(b)(ii) of the Mineral Titles Act 2010 (NT) is a future act that constitutes the creation of a right to mine for the sole purpose of construction of an infrastructure facility associated with mining as per s 24MD(6B)(b) of the Native Title Act 1993 (Cth)
  2. 2 Whether the definition of 'infrastructure facility' in s 253 of the Native Title Act is exhaustive or inclusive
  3. 3 Whether native title holders are entitled to procedural rights under s 24MD(6B)

Ratio Decidendi

The creation of ML 29881 is a future act that constitutes the creation of a right to mine for the sole purpose of constructing an infrastructure facility associated with mining, as the definition of 'infrastructure facility' in s 253 of the Native Title Act is not exhaustive, and the DSEA falls within the ordinary meaning of an infrastructure facility associated with mining. Therefore, the procedural rights under s 24MD(6B) of the Native Title Act apply.

Court Disposition

Appeal allowed.

Orders

  • Set aside order 1 of the orders made by the Full Court of the Federal Court of Australia on 29 April 2022 and replace with: (a) appeal be allowed; (b) declaration that the grant of ML 29881 under s 40(1)(b)(ii) of the Mineral Titles Act 2010 (NT) is a future act that is the creation of a right to mine for the sole...
  • Each party bear its own costs of the appeal.