The High Court of Australia has rejected a Commonwealth appeal regarding bauxite mining rights in northeast Arnhem Land, potentially leading to significant compensation for the traditional owners, the Gumatj clan. This outcome follows a May 2023 decision by the Federal Court, which opened the door for the clan to claim up to $700 million due to mining activities conducted on their land without consent since 1968.
The late Yunupingu, a distinguished land rights advocate, initiated the case in 2019 alongside a native title application representing the Gumatj clan. His efforts reflected a longstanding fight against injustices faced by Indigenous Australians. On this occasion, Gumatj leaders Djawa Yunupingu and Balupalu Yunupingu were present at the High Court to witness the ruling.
The legal dispute centred on the government’s controversial decision to allow mining on Gumatj territories without the required consent of the traditional owners. The Federal Court determined that the land was not acquired “on just terms” before being leased to the Swiss-Australian mining company Nabalco.
In an interesting turn, the High Court granted the federal government special leave to appeal the matter in October 2023. However, during the case proceedings, the government expressed concerns about incurring substantial compensation liabilities if the appeal were unsuccessful. Commonwealth Solicitor-General Stephen Donaghue KC noted that the government could face payments, including interest, potentially amounting over a century.
Representing the Gumatj clan, barrister Arthur Moses SC articulated that the case was pivotal in rectifying historical injustices stemming from the appropriation of land without consent. He emphasised the profound impacts this land acquisition has had on the clan, causing ongoing stress and disruption to their way of life.
This landmark ruling not only signals a potential financial remedy for the Gumatj people but also highlights the broader issues surrounding Indigenous rights and land ownership in Australia. It reinforces the importance of obtaining consent from traditional landowners before undertaking activities that affect their ancestral territories.
For ongoing support, Aboriginal and Torres Strait Islander individuals can access 24/7 crisis services through 13YARN (13 92 76).