Harvey & Ors v Minister for Primary Industry and Resources & Ors

Harvey and others (the applicants) sought judicial review of decisions made by the Minister for Primary Industry and Resources and the Northern Territory Minister for Primary Industry and Resources (the respondents) concerning the grant of exploration licences over land in the Northern Territory. The applicants, who are traditional owners of the land, argued that the respondents failed to comply with their statutory obligations under the *Minerals (Acquisition) Act 1990* (NT) and the *Native Title Act 1993* (Cth) by not adequately consulting with them and by failing to consider their native title rights and interests. The matter was heard by the High Court of Australia.

The High Court was required to determine whether the respondents had lawfully exercised their powers in granting the exploration licences, specifically whether the consultation processes undertaken satisfied the requirements of the relevant legislation, and whether the respondents had properly considered the potential impact on the applicants' native title rights and interests. A key issue was the interpretation of the statutory duty to consult and the extent to which the respondents were obliged to engage with the applicants before making their decisions.

The Court found that the respondents had failed to discharge their statutory obligations. It held that the consultation undertaken was superficial and did not amount to the meaningful engagement required by the legislation. The Court emphasised that a proper consideration of native title rights and interests necessitates a thorough and genuine process of consultation, which was absent in this instance. The principles applied concerned the interpretation of statutory duties, the nature of administrative decision-making, and the protection of native title rights under Commonwealth and Territory law.

The High Court ordered that the decisions to grant the exploration licences be quashed.