Friday v Minister for Primary Industry and Resources [2021] FCA 794

Federal Court of Australia

Friday v Minister for Primary Industry and Resources [2021] FCA 794 File number: NTD 40 of 2019

Judgment of: REEVES J

Date of judgment: 13 July 2021

Catchwords: NATIVE TITLE – application by native title holders for declarations that the proposed grant of a mineral lease by the Northern Territory Minister for Primary Industry and Resources under the Mineral Titles Act 2010 (NT) (MTA) is invalid – whether the grant of the mineral lease is authorised by s 40(1)(b)(ii) of the MTA – whether s 24MD(6B) of the Native Title Act 1993 (Cth) (NTA) applies to grant of mineral lease under the MTA – whether "procedural rights" under s 24MD(6A) of the NTA, as contained in the MTA, have been afforded to the applicants – whether a substantive and final decision has been made with respect to the grant of the mineral lease – whether it is appropriate to consider the declaratory relief sought in the absence of such a decision – application dismissed

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Iron Ore (Mount Newman) Agreement Act 1964 (WA) McArthur River Project Agreement Ratification Act 1992 (NT) McArthur River Project Agreement Ratification Amendment Act 1993 (NT) Mineral Titles Act 2010 (NT) Mineral Titles Regulations 2011 (NT) Mining Act 1980 (NT) Native Title Act 1993 (Cth)