Friday v Minister for Primary Industry and Resources

The applicants, native title holders, sought declarations that the proposed grant of a mineral lease by the Minister for Primary Industry and Resources under the Mineral Titles Act 2010 (NT) (MTA) is invalid. The Federal Court was required to decide whether the grant of the mineral lease is authorised by s 40(1)(b)(ii) of the MTA, whether s 24MD(6B) of the Native Title Act 1993 (Cth) (NTA) applies to the grant of the mineral lease under the MTA, whether the “procedural rights” under s 24MD(6A) of the NTA, as contained in the MTA, have been afforded to the applicants, whether a substantive and final decision has been made with respect to the grant of the mineral lease, and whether it is appropriate to consider the declaratory relief sought in the absence of such a decision. The Court found that none of the applicants’ challenges to the grant of MLA 29881 had merit, and dismissed their amended originating application. The applicants' claims about the "procedural rights" in s 24MD(6A) were also rejected. The Court concluded that the decision to grant a mineral title under the MTA is subject to a subjective jurisdictional fact, and that the scope for review of such a decision is limited. The definition of "procedural right" in s 253 of the NTA was also considered, and it was found that the applicants had not been denied any procedural rights. The Court dismissed the applicants' amended originating application and made orders for costs.