Marsden v Unimin Australia Limited, Price v Resolute Resources Limited

The High Court of Australia considered appeals in two cases, *Marsden v Unimin Australia Limited* and *Price v Resolute Resources Limited*, which concerned the interpretation of the *Native Title Act 1993* (Cth) and the nature of native title rights and interests. Both cases involved claims by Indigenous Australians for native title rights over land where mining operations were being conducted by the respective respondents. The central dispute revolved around whether the native title claimants had established a connection to the land that was sufficient to give rise to native title rights and interests recognised by the *Native Title Act*.

The primary legal issue before the High Court was to determine the correct test for establishing a connection to country for the purposes of native title claims under the *Native Title Act*. Specifically, the Court had to consider whether the traditional laws acknowledged and the traditional customs observed by the native title claimants were the source of their connection to the land, and whether this connection had been substantially maintained since sovereignty. The Court also had to consider the implications of extinguishment of native title rights and interests by past acts.

In its reasoning, the High Court clarified that the test for establishing a connection to country requires proof that the claimants' connection is derived from the traditional laws and customs of their Indigenous group, and that this connection has been substantially maintained since sovereignty. The Court emphasised that a mere spiritual or emotional connection is insufficient; the connection must be demonstrable through the acknowledgement and observance of traditional laws and customs. The Court also affirmed that native title is extinguished by a valid grant of an inconsistent interest, such as a mining lease, unless specific saving provisions apply. The appeals were dismissed.