Harvey v Minister for Primary Industry and ResourcesCitation:[2024] HCA 1Before:Gageler CJ, Gordon, Edelman, Steward, Gleeson JJDate:07 Feb 2024Case Number:D9/2022Read more

Harvey v Minister for Primary Industry and ResourcesCitation:[2024] HCA 1Before:Gageler CJ, Gordon, Edelman, Steward, Gleeson JJDate:07 Feb 2024Case Number:D9/2022Read more

The Court held that the definition of 'infrastructure facility' in s 253 of the Native Title Act is not exhaustive and that the DSEA constitutes an infrastructure facility associated with mining. Therefore, the appellants are entitled to the procedural rights under s 24MD(6B) of the Native Title Act in relation to the grant of ML 29881.

Parties
Appellant: First Appellant (native title holder); Appellant: Second Appellant (native title holder); Appellant: Third Appellant (prescribed body corporate); Respondent: Mount Isa Mines Limited
Jurisdiction
Australia
Judgment Date
07 February 2024
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Procedural Rights of Native Title Holders, Definition of Infrastructure Facility, Right to Mine, Statutory Construction
Native Title Law Mining Law Statutory Interpretation Procedural Rights of Native Title Holders Definition of Infrastructure Facility Right to Mine Statutory Construction

Case Brief

Summary, issues, holding and outcome

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Parties

First Appellant (native title holder)

Appellant

Second Appellant (native title holder)

Appellant

Third Appellant (prescribed body corporate)

Appellant

Mount Isa Mines Limited

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the appellants are entitled to procedural rights under s 24MD(6B) of the Native Title Act 1993 (Cth) in relation to the grant of ML 29881
  2. 2 Whether the proposed grant constitutes the creation of a right to mine for the sole purpose of constructing an infrastructure facility associated with mining
  3. 3 Whether the definition of 'infrastructure facility' in s 253 of the Native Title Act is exhaustive

Ratio Decidendi

The Court held that the definition of 'infrastructure facility' in s 253 of the Native Title Act is not exhaustive and that the DSEA constitutes an infrastructure facility associated with mining. Therefore, the appellants are entitled to the procedural rights under s 24MD(6B) of the Native Title Act in relation to the grant of ML 29881.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed.
  • The appellants are entitled to procedural rights under s 24MD(6B) of the Native Title Act 1993 (Cth) in relation to the grant of ML 29881.