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

The applicants, Harvey and others, sought judicial review of decisions made by the Minister for Primary Industry and Resources and the Northern Territory Minister for Environment and Water, concerning the grant of a mining licence and associated environmental approvals for a proposed lithium mine in the Northern Territory. The dispute centred on whether the respondents had adequately considered the potential impacts of the mine on the applicants' native title rights and interests, particularly in relation to sacred sites and cultural heritage.

The High Court was required to determine whether the respondents had breached their statutory duty to consult with the native title holders under the *Native Title Act 1993* (Cth) and the *Northern Territory Aboriginal Sacred Sites Act 1989* (NT). Specifically, the Court had to consider whether the consultation undertaken was sufficient to satisfy the procedural fairness obligations owed to the applicants and whether the respondents had properly taken into account the cultural and spiritual significance of the land to the native title holders.

The Court held that the consultation process undertaken by the respondents was inadequate. Applying the principles of procedural fairness and the statutory requirements for consultation, the Court found that the respondents had failed to provide the applicants with sufficient information about the proposed mining activities and their potential impacts, nor had they afforded the applicants a genuine opportunity to express their concerns and have them considered. The Court emphasised that effective consultation requires more than mere notification; it necessitates a meaningful dialogue and a genuine attempt to address the concerns raised by native title holders, particularly when sacred sites and cultural heritage are at stake.

The High Court quashed the decisions of the Minister for Primary Industry and Resources and the Northern Territory Minister for Environment and Water, remitting the matter for reconsideration in accordance with the Court's judgment.