Harvey v Minister for Primary Industry and Resources

HIGH COURT OF AUSTRALIAGAGELER CJ, GORDON, EDELMAN, STEWARD AND GLEESON JJDAVID HARVEY & ORS  APPELLANTSANDMINISTER FOR PRIMARY INDUSTRY AND RESOURCES & ORS  RESPONDENTSHarvey v Minister for Primary Industry and Resources[2024] HCA 1Date of Hearing: 5 September 2023Date of Judgment: 7 February 2024D9/2022ORDER1.Appeal allowed.2.Set aside order 1 of the orders made by the Full Court of the Federal Court of Australia on 29 April 2022 and in its place:(a)order that the appeal be allowed;(b)declare that the grant of ML 29881 under s 40(1)(b)(ii) of the Mineral Titles Act 2010 (NT) is a future act that is the creation of a right to mine for the sole purpose of the construction of an infrastructure facility associated with mining within s 24MD(6B)(b) of the Native Title Act 1993 (Cth); and(c)order that the first respondent be restrained from deciding the application for ML 29881 until completion of the procedures in s 24MD(6B) of the Native Title Act 1993 (Cth).3.Each party bear its own costs of the appeal.On appeal from the Federal Court of AustraliaRepresentationS A Glacken KC with R W Kruse for the appellants (instructed by Northern Land Council)S B Lloyd SC with L S Peattie for the first and second respondents (instructed by Solicitor for the Northern Territory)R N Traves KC with M A Eade for the third respondent (instructed by Ward Keller)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSHarvey v Minister for Primary Industry and ResourcesNative title –...