Quandamooka Yoolooburrabee Aboriginal Corporation RNTBC v State of Queensland

The Quandamooka Yoolooburrabee Aboriginal Corporation RNTBC (QYAC) sought judicial review of a decision by the State of Queensland to grant a mining lease to BHP Billiton Mitsubishi Alliance (BMA) over an area of land that QYAC claimed was part of its native title. The dispute concerned the interpretation and application of the *Native Title Act 1993* (Cth) and the *Mineral Resources Act 1989* (Qld), specifically in relation to the extinguishment of native title rights by the grant of mining leases. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the grant of a mining lease under Queensland legislation prior to the commencement of the *Native Title Act 1993* (Cth) extinguished native title rights and interests in the land, or whether such rights and interests were merely impaired or suspended. This involved an examination of the nature of the rights conferred by the mining lease and the effect of those rights on the pre-existing native title. The court also had to consider the relationship between the *Native Title Act 1993* (Cth) and the *Mineral Resources Act 1989* (Qld) in this context.

Kiefel J, applying established principles of native title law, reasoned that the grant of a mining lease, which confers exclusive rights to mine and possess the land, necessarily extinguishes native title rights and interests to the extent of the inconsistency. Her Honour referred to the High Court's previous decisions, particularly *Mabo v Queensland (No 2)* and *Western Australia v Ward*, which established that native title can be extinguished by the grant of rights that are inconsistent with the continued existence of native title. The grant of a mining lease, with its broad powers to occupy and exploit the land, was found to be fundamentally inconsistent with the rights of the native title holders to use and enjoy their traditional lands.

The High Court dismissed the application for judicial review, upholding the State of Queensland's decision to grant the mining lease. The court concluded that the grant of the mining lease had the effect of extinguishing QYAC's native title rights and interests in the area.