The nation's highest judicial body has ended a ten-year battle between Native Title holders and the Northern Territory government over the granting of a new mineral lease on Yanyuwa Country.
In a unanimous decision, the five justices ruled that the NT government must adhere to the Native Title Act, and notify and consult with the Traditional Owners before the lease could be granted.
The Northern Land Council, who brought the case on behalf of Yanyuwa and Yunyuwa-Mara Traditional Owners who brought the case, welcomed the ruling.
"These Traditional Owners never gave up," said Joe Martin-Jard, the CEO of the NLC.
"Even when they were unsuccessful in front of four Federal Court judges, they kept fighting, and today five judges of the High Court have accepted their case."
Mount Isa Mines, a subsidiary of Swiss mining giant Glencore, had applied for a new lease adjacent to Bing Bong Port as part of an expansion of the McArthur River mine in the Gulf of Carpentaria's south-west.
David Harvey, Thomas Simon and other Yanyuwa Native Title holders argued
Despite the prior rejection of their arguments by the Federal Court, the High Court of Australia on Wednesday agreed, affording the complainants the opportunity to object to the proposed grant, and to have that objection heard by an independent body.
"The NLC hopes that this decision will prompt the mining company to reconsider its approach to applying for new tenure," said Mr Martin-Jard.
"We want to see the company engage proactively and in good faith with the Native Title holders ... to obtain their free prior and informed consent before further disturbing their native title."
It is a bittersweet moment for appellants, who were continuing the work of Mr Friday, who began the proceedings and died before seeing them come to fruition.
