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https://www.theguardian.com/australia-news/2025/mar/14/high-court-native-title-ruling-may-affect-compensation-claims-nationwide-experts-say>
"A high court decision on native title has the potential to be as significant
as the Mabo case and influence even the land beneath Parliament House, experts
say.
The court dismissed a commonwealth appeal on Wednesday over whether it may be
liable for up to $700m in compensation for bauxite mining at Gove in north-east
Arnhem Land.
The late Gumatj leader Dr Yunupingu, a renowned land rights activist,
originally brought the case in 2019 alongside an application for native title
on behalf of his people.
In May 2023, the federal court found native title rights and interests are
property rights, and their extinguishment is an acquisition and therefore must
be made under “just terms”. This applied to land in the Northern Territory, but
there were similarities with land in the ACT.
The federal court found Gumatj land was not acquired “on just terms” before
being leased to the Swiss-Australian mining consortium Nabalco in 1968.
In its decision on Wednesday, the high court upheld the federal court’s
decision.
“Native title recognises that, according to their laws and customs, Indigenous
Australians have a connection with country,” the judgment read.
“It is a connection which existed and persisted before and beyond settlement,
before and beyond the assertion of sovereignty and before and beyond
federation.
“It is older and deeper than the constitution.”"
Cheers,
*** Xanni ***
--
mailto:xanni@xanadu.net Andrew Pam
http://xanadu.com.au/ Chief Scientist, Xanadu
https://glasswings.com.au/ Partner, Glass Wings
https://sericyb.com.au/ Manager, Serious Cybernetics
