An appeal made by Adani opposers has been dismissed amid plans for continued protests in Brisbane.
An appeal made by Adani opposers has been dismissed amid plans for continued protests in Brisbane.

Appeal against Adani mine dismissed

The Federal Court has ruled as valid an indigenous land usage agreement that could permanently extinguish native title in the area the controversial Carmichael coal mine is to be built.

A group of five Aboriginal opponents to the mine alleged the process of checking whether the traditional owners who voted on the ILUA had legitimate native title claims "lacked rigour".

However the court on Friday dismissed the appeal by Wangan and Jagalingou people, including activist Adrian Burragubba.

Their challenge sought to overturn a decision handed down in 2018 that found an ILUA between Adani and the Wangan and Jagalingou people was valid.

The group claimed Justice John Reeves' interpretation of the Native Title Act was flawed and he should have found Adani had not made a reasonable effort to establish if the people voting on the ILUA had a right to.

They also submitted that the Adani ILUA did not provide a "complete description" of the area of land in which native title would be surrendered.

But a full bench of the court disagreed.

"In this case, the application was accompanied by a complete description of the boundaries of the area within which the ILUA intended that native title rights and interests were 'intended' to be extinguished," Justices Steve Rare and Alan Robertson said.

They also found Adani's public advertising concerning the proposed ILUA before it was voted on, along with anthropological information collected, was a "reasonable effort" to ensure all persons who hold or may hold native title had been identified.



PHOTOS: The ultimate Splendour in the Grass gallery

premium_icon PHOTOS: The ultimate Splendour in the Grass gallery

Day one of the festival has kicked off with a bang

Man wanted over death could be in Northern NSW

Man wanted over death could be in Northern NSW

If you see the 21-year-old, do not approach him but call police

What is the grand plan for the old Hurfords site?

premium_icon What is the grand plan for the old Hurfords site?

An application has been made to expand the use of the site