Native Title Year in Review 2022-2023

There are a number of appeal decisions expected in 2023-2024:

• High Court decision regarding the "infrastructure mining lease" provisions of the Native Title Act (s24MD(6B)) in an appeal fromHarvey v Minister for Primary Industry and Resources[2022] FCAFC 794. (See ourNative Title Year in Review 2021- 2022article "Mining leases for infrastructure get a judicial workout".)
• High Court decision regarding native title compensation in an appeal fromYunupingu on behalf of the Gumatj Clan or Estate Group v Commonwealth of Australia[2023] FCAFC 75 (assuming special leave is granted). See our article "Full Court makes landmark decision about pre-1975 acts in Gumatj compensation claim"
• Full Federal Court decision regarding connection in an appeal from the negative determination inMalone v State of Queensland (The Clermont-Belyando Area Native Title Claim) (No 5)[2021] FCA 1639. (See ourNative Title Year in Review 2021-2022article "Proving connection becomes harder in 2021".)
• Full Federal Court decision regarding good faith and the right to negotiate process in an appeal from the decision of the National Native Title Tribunal inSantos NSW Pty Ltd and Another v Gomeroi People and Another[2022] NNTTA 74. See our article "Santos wins strongly in the National Native Title Tribunal, but Full Federal Court will hear Gomeroi appeal".

Author:Leonie Flynn, Expertise Counsel.