Harvey v Minister for Primary Industry and Resources [2022] FCAFC 66 (29 April 2022) (Jagot, Charlesworth and O’Bryan JJ)


NATIVE TITLE – where the first respondent intends to grant a mineral lease (ML 29881) to the third respondent under the Mineral Titles Act 2010 (NT) – where land subject to the proposed lease would be used for the construction of a “dredge spoil emplacement area” to deposit dredged material from a loading facility located on adjacent land subject to a mineral lease already held by the third respondent – where loading facility is used to load ore concentrate from the McArthur River Mine for transhipment to ocean going vessels for export – whether the proposed grant of ML 29881 is a future act within s 24MD(6B)(b) of the Native Title Act 1993 (Cth), being the “creation of a right to mine for the sole purpose of the construction of an infrastructure facility associated with mining”

STATUTORY INTERPRETATION – interpretation of s 24MD(6B)(b) of the Native Title Act – meaning of “a right to mine” in the context of the Native Title Act – meaning of “infrastructure facility” as defined by s 253 of the Native Title Act