Traditional owners have secured a victory in a landmark case against the Commonwealth over Arnhem Land.
The ruling from the declared that the Commonwealth is liable for compensation over mining and native title rights in the region, located in the Northern Territory and home to a range of sacred sites.
The key issue of the case was whether the constitutional right to "just terms" extends to loss of native title rights, and was first begun by the late Dr Yunupingu on behalf of the Gumatj people back in 2019.
The first round of the case was also a victory for the Gumatj, with the Federal Court ruling that native title rights and interests do constitute property and that extinguishment does amount to acquisition.
The Commonwealth challenged the findings and took it to the High Court, but todays decision saw the appeal rejected.
"Justice has been served in this country for my people and the people of North-East Arnhem Land," Djawa Yunupingu, a senior member of the Gumatj clan.
""I also want to acknowledge my late brother … who was the one who had the vision."
In a statement, Attorney-General Mark Dreyfus said the decision today clarifies the application of the Constitution for this and future matters and also acknowledged the “significant contribution that the late Dr Yunupingu made in initiating this case.”
