Recent Cases

Gomeroi People v Santos NSW Pty Ltd and Santos NSW (Narrabri Gas) Pty Ltd [2024] FCAFC 26 (06 March 2024) (Mortimer CJ; Rangiah and O’Bryan JJ)


Catchwords:


NATIVE TITLE – appeal from determination of the National Native Title Tribunal that future act may be done with conditions under Native Title Act 1993 (Cth) (NTA) – whether Tribunal incorrectly applied the test for negotiations in good faith required by s 31 of the NTA – whether the Tribunal erred in finding that the grantee party was required to negotiate with the registered native title claimant in circumstances where there was an application under s 66B of the NTA – whether the Tribunal conflated “payment” in Div 3 of Pt 2 of the NTA with “compensation” in Div 5 of Pt 2 of the NTA – whether the Tribunal denied parties procedural fairness by considering, without notice to the parties, the concept of “market” under Australian consumer law – where the applicant contends the Tribunal’s findings about expert evidence were legally unreasonable – appeal dismissed on these grounds

NATIVE TITLE – criteria under s 39 of NTA – public interest in doing of act – effect of 1998 amendments to NTA – consideration of approvals and recommendations of other bodies – consideration of expert evidence – whether effects of climate change capable of falling within s 39(1)(e) of the NTA – appeal allowed on this ground