AGL Loy Yang Pty Ltd and Another v Gunaikurnai Land & Waters Corporation RNTBC
COURT OR TRIBUNAL
National Native Title Tribunal
DATE FILED (OR FIRST HEARING DATE)
28/10/2015
LITIGATION TYPE
Project Approval - Mitigation
SUBJECT MATTER
Coal mine
REVIEW TYPE
Merits review
SUMMARY
AGL Loy Yang Pty Ltd applied for a Retention Licence 2015 over an area of land in the Latrobe Valley in the Gippsland Basin, Victoria. The State of Victoria sought to grant the licence. The native title party, the Gunaikurnai Land & Waters Aboriginal Corporation RNTBC (Gunaikurnai AC), held native title over part of the application area. The parties were not able to reach an agreement about a grant and so applied to the Tribunal for a determination. The Gunaikurnai AC contended that the environmental impacts of burning brown coal would affect the Gunaikurnai People’s enjoyment of their native title rights and interests ‘by adversely affecting their country’ and that the Gunaikurnai People’s ‘connection to that country is harmed by damage done to it both through the mining of coal and its environmental effects'. The Tribunal determined to grant the Retention Licence.
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