Highlights
The question to answer is the following:
AAre Adani and the State Government ethically right or wrong in the Wangan and Jagalingounative title case?
A GROUP of traditional owners opposed to the Adani mine have left the door open to take their fight over the native title to the nation’s highest court. Yesterday, the full bench of the Federal Court rejected the Wangan and Jagalingou people’s bid to overturn the Adani Indigenous Land Use Agreement (ILUA) between the miner and the State Government, which permanently extinguished the rights of the traditional owners.Colin Hardie, lawyer for the five members of the group, including activist Adrian Burragubba, told The Courier-Mail they were yet to decide whether there were grounds to appeal. The ruling confirmed the single-judge decision handed down in the Federal Court last year, where Justice John Reeves found the challengers’ arguments had no merit.The group, including Delia Kemppi, Burragubba and three others, claimed in their appeal the ILUA was not valid because Adani had paid money to those recruiting Aboriginal people to attend meetings where traditional owners would decide on the crucial mining deal.The traditional owners argued there were 200 people who attended the meeting to vote on the mine who had not pre-registered or were not known by elders at the meeting. They also said some who voted on the mine were not verified as native title holders. In their appeal, they challenged two steps leading to the registration of the AdaniILUA.The group claimed Justice Reeves did not correctly interpret the Native Title Act and Adani’s ILUA did not provide a “complete description” of the area of land in which native title would be surrendered.
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