The Supreme Court has rejected a profession of the Commonwealth, which could mean a huge compensation for traditional owners for mining without their permission.
In May 2023, a decision by the entire bank of the federal court cleared the way for the Gumatj clan to receive up to $ 700 million in compensation for bauxite extraction in Gove in the northeast of Arnhem Land.
The renowned land rights activist, the deceased leader Yunupingu, originally brought the case in 2019, in addition to an application for a native title on behalf of the Gumatj clan.
Gumatj leaders Djawa Yunupingu and Balupalu Yunupingu were at the Supreme Court on Wednesday to hear the verdict against the Commonwealth.
The compensation case was aimed at the decision of the Commonwealth to Mijnen in 1968 in the Gumatjland country without the permission of traditional owners.
The Federal Court discovered that the land of the Gumatj clan was not 'on' just conditions' before it was rented to the Swiss-Australian Mijnconsortium, Naalco.
In October 2023, the Supreme Court granted the federal government special leave to appeal against the last court case of Yunupingu.
Arnhem Land Traditional owners can receive a huge payment for the mining of their country without permission after a failed appeal from the Commonwealth
The government argued that it would be exposed to a 'huge amount' compensation if her appeal fails.
“The Commonwealth could pay a fee (to native title holders) with interest possibly more than 100 years or more,” said Commonwealth General General Stephen Donaghue KC at the opening of the profession.
The main lawyer who represents the Gumatj clan, Arthur Moses SC, previously told the court that the case was intended to 'recover errors from the past' after the country had decreased without their permission from traditional owners.
“It has affected the rights of these people and others in their country. It caused an enormous revolution for these people and their way of life that continues to exist to this day (via) high levels of stress and loss of opportunities, “said Mr. Moses.
