Margarula, Yvonne v Minister for Resources & Energy & Ors [1998] FCA 1029

FEDERAL COURT OF AUSTRALIA

YVONNE MARGARULa

v

MINISTER FOR RESOURCES AND ENERGY, COMMONWEALTH OF AUSTRALIA, ENERGY RESOURCES OF AUSTRALIA LIMITED AND NORTHERN TERRITORY OF AUSTRALIA NG 186 of 1998 SUMMARY

In accordance with the practice of the Federal Court in some other cases of public interest, the Court has prepared this brief summary to accompany the reasons for judgment, delivered today. It must, of course, be emphasised that the only authoritative pronouncement of the Court's reasons is that contained in the published reasons for judgment. This summary is intended to assist in understanding the principal conclusions reached by the Court, but is necessarily incomplete.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 186 of 1998

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: YVONNE MARGARULA

APPELLANT

AND: MINISTER FOR RESOURCES AND ENERGY

First Respondent

COMMONWEALTH OF AUSTRALIA

Second Respondent

ENERGY RESOURCES OF AUSTRALIA LIMITED

Third Respondent

NORTHERN TERRITORY OF AUSTRALIA

Fourth Respondent

JUDGES: BEAUMONT, LINDGREN AND EMMETT JJ.

DATE OF ORDER: 21 AUGUST 1998

WHERE MADE: SYDNEY

SUMMARY OF REASONS FOR JUDGMENT GIVEN ON 21 AUGUST 1998

These proceedings concerned the validity of a mining lease granted in 1982 by the Northern Territory to the predecessor in title of Energy Resources Australia Ltd. The lease permitted the exploitation of deposits of uranium ore in lands at Jabiluka. The appellant is the principal custodian of those lands by Aboriginal tradition. She challenged the power of the Northern Territory's Minister for Mines and Energy to grant the lease. The essence of the appellant's case was that neither the Northern Territory, nor the Territory's Minister, had any valid authority under any Commonwealth law to execute the lease, or to grant to any person any entitlement to mine uranium from the land in question.