North Ganalanja Aboriginal Corporation v Queensland

The North Ganalanja Aboriginal Corporation (the Corporation) and the Waanyi People (the Waanyi) brought proceedings in the Federal Court of Australia against the State of Queensland. The dispute concerned the validity of certain mining leases granted by the State of Queensland over land in the Aurukun region of Cape York Peninsula, which the applicants claimed was their traditional country. The applicants sought declarations that the leases were invalid and that they held native title rights and interests in the land.

The High Court of Australia was required to determine whether the granting of the mining leases by the State of Queensland was lawful, notwithstanding the existence of native title rights and interests claimed by the Waanyi People. Specifically, the Court considered the interpretation and application of the *Aboriginal Land Act 1991* (Qld) and the *Native Title Act 1993* (Cth) in relation to the extinguishment or impairment of native title by the grant of mining leases. The central question was whether the State had the power to grant leases that would extinguish native title without the consent of the native title holders, or whether the *Native Title Act* imposed limitations on such grants.

The High Court, in a majority decision, held that the *Native Title Act* did not prevent the extinguishment of native title by the grant of mining leases under Queensland legislation, provided that the grants were made in accordance with the *Native Title Act*. The Court reasoned that the *Native Title Act* contemplated that certain future acts, including the grant of mining leases, could extinguish native title. However, the validity of such future acts was subject to the registration of the native title claim and the subsequent process of negotiation or the application of the "right to negotiate" provisions. In this instance, the Court found that the grants of the mining leases were valid future acts under the *Native Title Act*, as they had been made in accordance with the statutory requirements, including the provision for compensation. The Court also considered the effect of the *Aboriginal Land Act 1991* (Qld) and concluded that it did not operate to prevent the extinguishment of native title by the grant of mining leases.

The High Court dismissed the appeal from the decision of the Federal Court.