Western Australia v Brown [2014] HCA 8: Native Title
Wednesday 12 March 2014 @ 11.36 a.m. | Legal Research
The High Court unanimously found that native title rights and interests were not extinguished despite mineral leases over the land in the case of State of Western Australia v Brown [2014] HCA 8. The court determined that the rights and interests held by the Ngarla people in respect of land in the Pilbara region were not extinguished by the grant of two mineral leases to some joint venturers for the mining of iron ore at Mount Goldsworthy.
The Facts
The case goes back to 1964 when Western Australian entered into an agreement with joint venturers for the development and exploitation of iron ore deposit at Mount Goldsworthy. The agreement required that the joint venturers provide the State and third parties access to the land provided that such access did not interfere with the joint venturer’s mining operations. The joint venturers then set out to develop the mining project with a mine, a town and other associated works. The mine was closed in 1982 and the town in 1992.
Original Trial
Alexander Brown, on behalf of the Ngarla people, applied to the Federal Court for native title determination. It was first held that the claimed native title rights were extinguished in the area where the mine, the town and other associated work areas had been constructed. An appeal to the Full Federal Court resulted in a finding that the native title rights and interests had not been extinguished on the land the subject of the mineral leases but that those rights and interests could not be exercised for so long as the joint venturers continued to hold rights under the mineral leases.
High Court Appeal
The High Court found that even though the joint venturers could prevent others from using the land for mining purposes and could use any part of the land for their activities, they did not have an unqualified right to exclude everyone from access to the land. Consequently, the Court found that the mineral leases did not extinguish the claimed native title rights and interests.
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