Xstrata Coal Queensland Pty Ltd v Russell Tatow

The Land Court of Queensland was presented with an application by Xstrata Coal Queensland Pty Ltd and others to recommend approval of a draft Cultural Heritage Management Plan (CHMP) for the proposed Wandoan Coal Mine. The respondents, representing the Iman People, were not uniformly in agreement with the draft plan. The central legal issue was whether the Court could recommend approval of the CHMP given that only eight out of nine respondents had agreed to it. The Court had to determine whether the dissenting respondent, Ms. Madonna Barnes, could act independently of the group to veto the agreement.

The Court reasoned that under the Aboriginal Cultural Heritage Act 2003, the "Aboriginal party" is defined by the collective agreement of all registered native title claimants. Based on established native title case law, the group of nine individuals listed on the Iman People #2 registered native title claim act collectively as the "Aboriginal party." Individual members do not have the right to act independently and can't oppose the group's decision. Since eight of the nine respondents had agreed to the CHMP, and Ms. Barnes was acting independently by refusing to sign, she did not have standing to veto the agreement. The Court also considered it appropriate to include a confidentiality provision in the recommendation to the Minister, to respect the wishes of the indigenous parties involved.

Accordingly, the Court recommended to the Minister for Natural Resources and Water that the draft CHMP be approved, with a provision that the attachment to the decision be sealed, marked confidential, and not opened except under order of the Court. No order was made as to costs.