Griffiths & Anor v Minister for Lands, Planning & Environment & Anor

The applicants, Griffiths and another, brought proceedings against the Minister for Lands, Planning and Environment and another in the High Court of Australia. The dispute concerned the validity of certain decisions made by the Minister under the *Native Title Act 1993* (Cth) and the *Environment Protection (Aboriginal Cultural Heritage) Conservation Act 1979* (NT).

The High Court was required to determine whether the Minister's decisions to grant approval for certain activities, which the applicants alleged would impact native title rights and interests and Aboriginal cultural heritage, were lawful. Specifically, the court considered whether the Minister had adequately discharged their statutory obligations under both pieces of legislation, including the duty to consult and consider relevant information.

The Court analysed the scope of the Minister's powers and the procedural requirements attached to the exercise of those powers. It examined the interplay between the *Native Title Act* and the *Environment Protection (Aboriginal Cultural Heritage) Conservation Act*, and the extent to which the Minister was required to take into account the potential impact of the approved activities on native title and cultural heritage. The Court applied principles of administrative law concerning the proper exercise of statutory discretion and the duty to afford procedural fairness.

The High Court ultimately found that the Minister's decisions were vitiated by errors of law, and accordingly, the approvals granted were quashed.