Northern Land Council v UAU Pty Ltd [2017] FCA 784

Northern Land Council v UAU Pty Ltd [2017] FCA 784

The applicants established a strong prima facie case because the second applicant owned the Aboriginal land, the NLC had statutory functions to protect Aboriginal owners' interests, no access route had been agreed or determined under s 70(4), and the respondent had not identified a legal right to cross the Land Trust land. The balance of convenience favoured an injunction because unauthorised entry would likely be a trespass and statutory breach, could cause damage including to sacred sites, and damages would not be an adequate remedy, while any inconvenience to the respondent was outweighed and partly attributable to its failure to negotiate access.

Jurisdiction
Australia
Judgment Date
05 July 2017
Procedural Posture
Application for Interlocutory Injunction / Ex Tempore Reasons for Judgment
Outcome
Interlocutory injunction granted.
Legal Topics
['interlocutory Injunction' 'access to Aboriginal Land' 'waanyi/garawa Aboriginal Land Trust' 'mineral Lease 585' 'aboriginal Land Rights (northern Territory) Act 1976 (cth) S 70']
['practice and Procedure' 'native Title' 'aboriginal Land Rights' 'mining Law'] ['interlocutory Injunction' 'access to Aboriginal Land' 'waanyi/garawa Aboriginal Land Trust' 'mineral Lease 585' 'aboriginal Land Rights (northern Territory) Act 1976 (cth) S 70']

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Procedural Posture

Application for Interlocutory Injunction / Ex Tempore Reasons for Judgment

Legal Issues

  1. 1 ['Whether an interlocutory injunction should restrain the respondent from entering, remaining on or crossing land within the Waanyi/Garawa Aboriginal Land Trust area to access Mineral Lease 585.' "Whether the applicants had established a prima facie case that the respondent lacked a lawful right to cross Aboriginal land absent agreement with the Northern Land Council or an arbitrator's determination under s 70(4) of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)." "Whether the balance of convenience favoured preservation of the status quo, having regard to potential trespass, damage to Aboriginal land and sacred sites, and inconvenience to the respondent's planned drilling program."]

Ratio Decidendi

The applicants established a strong prima facie case because the second applicant owned the Aboriginal land, the NLC had statutory functions to protect Aboriginal owners' interests, no access route had been agreed or determined under s 70(4), and the respondent had not identified a legal right to cross the Land Trust land. The balance of convenience favoured an injunction because unauthorised entry would likely be a trespass and statutory breach, could cause damage including to sacred sites, and damages would not be an adequate remedy, while any inconvenience to the respondent was outweighed and partly attributable to its failure to negotiate access.

Court Disposition

Interlocutory injunction granted.

Orders

  • ['Until further order the Respondent whether by itself, its officers, employees, agents or contractors howsoever be restrained from entering or remaining on or crossing any land within the Waanyi/Garawa Aboriginal Land Trust Area comprised in Register Book Volume 155 Folio 198 which surrounds Mineral Lease 585 for...