Graham & Ors on Behalf of the Ngadju People v St Ives Gold Mining Company Pty Limited & Ors

The applicants, Graham and others, acting on behalf of the Ngadju People, sought to prevent St Ives Gold Mining Company Pty Limited and others from undertaking mining operations on land in Western Australia. The core of the dispute concerned the validity of an Indigenous Land Use Agreement (ILUA) that purportedly extinguished native title rights and interests in the area. The matter came before the High Court of Australia.

The High Court was required to determine whether the ILUA was validly entered into under the *Native Title Act 1993* (Cth). Specifically, the court had to consider whether the procedural requirements for the registration of the ILUA, particularly those relating to the notification of all native title holders, had been met. The applicants contended that the registration process was flawed, rendering the ILUA ineffective to extinguish their native title rights.

The Court's reasoning focused on the interpretation of the *Native Title Act* and the importance of procedural fairness in the extinguishment of native title. The judges emphasised that the Act requires a rigorous process to ensure that all persons holding native title rights are afforded an opportunity to participate in or consent to an ILUA. The Court found that the registration of the ILUA had not complied with the statutory requirements concerning the identification and notification of all native title holders, and therefore the ILUA was not validly registered.

Consequently, the High Court held that the ILUA was invalid and did not extinguish the native title rights and interests of the Ngadju People in the area. The Court made orders reflecting this determination.