Kemppi v Adani Mining Pty Ltd (No 4)

The case of Kemppi v Adani Mining Pty Ltd (No 4) involved a challenge to the validity of an indigenous land use agreement (ILUA) registration. The applicant, Ms Delia Kemppi, sought to overturn the registration of an ILUA between the Wangan and Jagalingou People and Adani Mining Pty Ltd, arguing that the certificate issued by the native title representative body was unreasonable and did not account for relevant considerations. The court was required to determine whether the native title representative body acted unreasonably or failed to take into account relevant considerations in deciding to issue the certificate, and whether the application to register the ILUA contained a complete description of the area in which native title rights were to be surrendered and extinguished. The court also needed to consider the relationship between and purposes of sections 24CG, 203BE and 251A of the Native Title Act 1993 (Cth), and the functions of native title representative bodies.

The court found that Ms Kemppi's challenge did not have merit, as the native title representative body had not acted unreasonably or failed to take into account relevant considerations in issuing the certificate. The court found that the native title representative body had followed the correct process in issuing the certificate and had considered relevant factors in making their decision. Furthermore, the court found that the application to register the ILUA contained a complete description of the area in which native title rights were to be surrendered and extinguished. The court also found that the relationship between and purposes of sections 24CG, 203BE and 251A of the Native Title Act 1993 (Cth) were properly understood by the native title representative body, and that their functions were not misapplied in this case.

The court dismissed the application and ordered that the applicants pay the respondents' costs. This decision highlights the importance of following the correct process and considering relevant factors when issuing a certificate for the registration of an ILUA, and the need for applicants to provide a complete description of the area in which native title rights are to be surrendered and extinguished.