Traditional Owners must share in critical minerals wealth
12 March 2025
The National Native Title Council (NNTC) welcomes the decision of the High Court of Australia in Commonwealth of Australia v Yunupingu [2025] HCA 6 and congratulates the Yunupingu family and Gumatj Clan.
The High Court of Australia has delivered a landmark judgment on compensation for native title holders in the Northern Territory. The Court considered whether acts done by the Commonwealth of Australia in the Northern Territory, whilst subject to the control of the Commonwealth between 1911 and 1978, gives rise to the Constitutional requirement for the government to provide native title holders with just and fair compensation.
The decision is a confirmation of existing case law confirming the equal treatment of property rights of all Australians under the law. It determined that the extinguishment of native title under a law of the Commonwealth prior to the introduction of the Native Title Act constituted an acquisition of property within the meaning of s. 51(31) of the Constitution.
NNTC Chair, Kado Muir, congratulated the Gumatj Clan and paid respect to the Yunupingu family, saying,
“This decision realises the vision of Mr Yunupingu and the Gumatj Clan who continue to fight for land and native title rights to be recognised and respected not just in the Northern Territory, but all across our various Countries. The Gumatj decision shows that when our sacred lands are taken away, we are entitled to receive compensation on just terms in accordance with s. 51(31) of the Constitution, in the same way as any other citizen of Australia.”
The Court made no decision regarding the amount of compensation that was due to be paid to the Gumatj Traditional Owners in today’s judgment. The question of the amount (quantum) of compensation will be referred back to the Federal Court to determine. Once the issue of quantum of compensation is determined the award arising from today’s judgment, will support real economic empowerment for the Gumatj peoples.
NNTC CEO, Jamie Lowe, said,
“The High Court’s decision in Mabo recognised native title exists and dispelled the myth of “terra nullius”, and this decision today confirms the strength of native title. Native title is now not only recognised under Australian law but also clearly protected by the Constitution – the same as any other ordinary land title or property.”
Mr Lowe also said,
“Where the Commonwealth, States or Territories have acted in a way that fails to respect Constitutional or other legal protections, then it is common sense that there will be redress. This ought to be seen as an opportunity to economically empower communities who have been historically dispossessed. It is not controversial that the communities impacted by projects on their Country should benefit from the wealth generated through those projects.”
NNTC Director of Native Title, Clinton Benjamin, said,
“We welcome the Court providing much needed clarity on how a right to native title compensation arises in practice. The case builds on the significant Griffiths v Northern Territory (Timber Creek) native title compensation decision. In today’s decision the High Court has repeated and reinforced what was said in Mabo No 2 that the “fundamental consideration” was to bring the common law into conformity with “the values of justice and human rights (especially equality before the law) which are aspirations of the contemporary Australian legal system”.
Mr Benjamin concluded,
“This is an important day for the protection of the fundamental human rights of all Australians. Today’s decision further emphasises the strength of native title and our rights, interests and connections to Country. As Justice Gordon states, “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.”
