Full Court Minute Books

Case D9/2022

Harvey & Ors v. Minister for Primary Industry and Resources & Ors

Case No.


Case Information

Lower Court Judgment

29/04/2022 Federal Court of Australia (Jagot, Charlesworth and O’Bryan JJ)

[2022] FCAFC 66


Statutes – Interpretation – Native Title Act 1993 (Cth), s 24MD(6B)(b) – Meaning of "right to mine" – Meaning of "infrastructure facility" – Where first respondent intended to grant mineral lease (ML 29881) to third respondent under s 40(1)(b)(ii) of Mineral Titles Act 2010 (NT) – Where land subject to proposed lease would be used for construction of "dredge spoil emplacement area" to deposit dredged material from loading facility located on adjacent land subject to mineral lease already held by third respondent –Whether proposed grant of ML 29881 is future act within s 24MD(6B)(b) of Native Title Act, being creation of right to mine for sole purpose of construction of infrastructure facility associated with mining.


16/12/2022 Hearing (SLA, Canberra by video connection)

22/12/2022 Notice of appeal

03/02/2023 Written submissions (Appellant)

03/02/2023 Chronology (Appellant)

03/03/2023 Written submissions (First and Second Respondents)

03/03/2023 Written submissions (Third Respondent)

24/03/2023 Reply

05/09/2023 Hearing (Full Court, Canberra) (Audio-visual recording)

05/09/2023 Outline of oral argument (Appellant)

05/09/2023 Outline of oral argument (First and Second Respondents)

04/09/2023 Outline of oral argument (Third Respondent)

07/02/2024 Judgment (Judgment Summary)