High Court dismisses Commonwealth appeal against Gumatj clan over bauxite mining at Gove

The High Court has dismissed a Commonwealth appeal, which could mean massive compensation for traditional owners for mining without their consent.

In May 2023, a decision by the full bench of the Federal Court paved the way for the Gumatj clan to receive up to $700 million in compensation for bauxite mining at Gove in northeast Arnhem Land.

Renowned land rights activist, the late leader Yunupingu originally brought the case in 2019, alongside an application for native title on behalf of the Gumatj clan.

Gumatj leaders Djawa Yunupingu and Balupalu Yunupingu were at the High Court on Wednesday to hear the judgment against the Commonwealth.

The compensation case focused on the Commonwealth’s decision to allow mining 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 Yunupingu’s final court case.

The Government has argued it would be exposed to a “vast amount” of compensation if its appeal fails.

“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, has previously told the court the 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.

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