Ngan Aak-Kunch Aboriginal Corporation RNTBC v Glencore Bauxite Resources Pty Ltd

The Ngan Aak-Kunch Aboriginal Corporation RNTBC sought an objection to an expedited procedure application filed by Glencore Bauxite Resources Pty Ltd in relation to a proposed grant of a mineral development licence over land that was subject to a native title determination. The Federal Court of Australia was tasked with determining whether the proposed act was likely to interfere with the carrying on of community or social activities, or with sites or areas of particular significance, or to cause major disturbance to land or waters. The court was also required to consider whether the expedited procedure was appropriate, whether non-disclosure orders were necessary, and whether native title protection conditions should be imposed on the licence. The Ngan Aak-Kunch Aboriginal Corporation RNTBC argued that the proposed development would interfere with their native title rights and that the expedited procedure was not appropriate. Glencore Bauxite Resources Pty Ltd contended that the proposed development would not interfere with native title rights and that the expedited procedure was necessary. The court found that the proposed act was likely to interfere with native title rights and that the expedited procedure was appropriate. The court also found that non-disclosure orders were necessary to protect confidential material and that native title protection conditions should be imposed on the licence to mitigate the impact of the proposed development on native title rights. The court ordered that the proposed act was to be subject to native title protection conditions, including conditions that required Glencore Bauxite Resources Pty Ltd to consult with the Ngan Aak-Kunch Aboriginal Corporation RNTBC and to take reasonable steps to mitigate the impact of the proposed development on native title rights. The court also ordered that non-disclosure orders were to be made in relation to certain confidential material.