Paige & Ors on behalf of the Barngarla People v State of South Australia

The applicants, Paige and others on behalf of the Barngarla People, sought judicial review of a decision by the State of South Australia to grant mining leases over an area of land. The dispute concerned the validity of the State's decision in light of the Native Title Act 1993 (Cth) and the common law rights of the Barngarla People. The matter was heard by the High Court of Australia.

The central legal issue before the High Court was whether the State of South Australia had validly extinguished the native title rights and interests of the Barngarla People in the area subject to the mining leases. This involved determining whether the grant of the mining leases constituted an act that was invalid under section 24MD(1) of the Native Title Act, which requires that future acts, including the grant of mining leases, must be consistent with the continued existence of native title rights and interests, unless specific exceptions apply.

The High Court reasoned that the State's decision to grant the mining leases was an invalid act because it failed to comply with the procedural requirements of the Native Title Act. Specifically, the Court found that the State had not obtained the necessary future act determinations or undertaken the required consultation processes with the Barngarla People before granting the leases. The Court applied the principles established in *Mabo v Queensland (No 2)* and subsequent native title jurisprudence, emphasizing the importance of procedural fairness and the protection of native title rights under federal legislation.

The High Court ordered that the decision of the State of South Australia to grant the mining leases be quashed.