CFMEU & Anor, Ex parte - Re Pacific Coal - CFMEU & Anor v Cth

The applicants, the Construction, Forestry, Mining and Energy Union (CFMEU) and another, sought judicial review of a decision by the Minister for Industry, Science and Resources (the Minister) to grant an exploration permit to Pacific Coal Pty Ltd. The dispute concerned the validity of the Minister's decision under the *Native Title Act 1993* (Cth) and the *Administrative Decisions (Judicial Review) Act 1977* (Cth). The matter was heard by the High Court of Australia.

The central legal issue before the High Court was whether the Minister's decision to grant the exploration permit was vitiated by a failure to comply with the procedural fairness requirements of the *Native Title Act 1993* (Cth). Specifically, the applicants contended that the Minister had failed to provide adequate notice and opportunity to be heard to the affected Indigenous groups before making the decision.

The High Court considered the nature of the Minister's duty under the *Native Title Act 1993* (Cth) in relation to the grant of exploration permits. The Court analysed the statutory framework and relevant case law concerning procedural fairness in administrative decision-making. It was held that while the Minister had a duty to consider the interests of native title holders, the specific procedural requirements of the *Native Title Act 1993* (Cth) did not mandate the same level of procedural fairness as might be expected in other administrative contexts. The Court found that the Minister had substantially complied with the statutory obligations, and therefore, the decision to grant the permit was not invalid on the grounds of a denial of procedural fairness.

The application for judicial review was dismissed.