Fortescue Metals Group Limited and Ors v The Commonwealth of Australia

Fortescue Metals Group Limited and Ors (the applicants) brought proceedings against the Commonwealth of Australia (the respondent) in the High Court of Australia concerning the validity of certain legislative amendments. The dispute centred on the constitutional validity of amendments to the *Native Title Act 1993* (Cth) that were enacted in response to the High Court's decision in *Western Australia v Brown*. The applicants challenged these amendments, arguing they were beyond the legislative power of the Commonwealth Parliament.

The High Court was required to determine whether the amendments to the *Native Title Act 1993* (Cth) were constitutionally valid, specifically whether they infringed upon the implied constitutional prohibition against the Commonwealth acquiring property on unjust terms, as established by section 51(xxxi) of the *Constitution*. A further issue was whether the amendments impermissibly impaired the legislative power of the States.

The Court held that the amendments were constitutionally valid. It reasoned that the amendments did not involve the acquisition of property by the Commonwealth. Instead, they altered the statutory framework for the determination of native title rights and interests, including the extinguishment of certain native title rights in favour of mining leases. The Court applied the principle that legislative changes to the operation of a statute, even if they affect existing rights, do not constitute an acquisition of property unless the Commonwealth itself takes possession or control of that property. The Court also found no impairment of State legislative power.

The High Court dismissed the applicants' application.