Ruling reinforces the need for developers to seek agreement with native title holders

In Western Desert Lands Aboriginal Corporation, Western Australia and Holocene Pty Ltd [2009] NNTTA 49, the National Native Title Tribunal determined for the first time that a mining lease should not be granted without the agreement of the holders of native title rights and interests. In doing so, the Tribunal decided that the interests of native title holders should be given greater weight than the potential economic benefit or public interest in a mining project in an area of traditional significance to those persons.

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