Legal action against nickel miner Minara Resources has provided a stark reminder that negotiating a native title agreement is not the end of the matter for mining companies.
Three native title groups have either taken or foreshadowed legal action against Minara, alleging it has failed to deliver on agreements signed a decade ago.
The main action against Minara has been taken by the Goolburthunoo native title group and Kalgoorlie’s NEIB Aboriginal Corporation, with backing by litigation funder IMF (Australia).
IMF said the litigants were claiming up to $20 million allegedly due to be paid under a 1998 agreement, though Minara has valued the claim at $11.6 million.
Representatives of the Wutha group have taken legal action to try and force Minara to comply with an alleged obligation to negotiate, pursuant to an agreement signed in 1996.
Minara’s attempt to have this claim struck out was rejected last week by Master Craig Sanderson.
A third Aboriginal group has written to Minara seeking damages in relation to a 1997 agreement but has not brought legal action.
The agreements were signed when the company was known as Anaconda Nickel and run by current Fortescue Metals Group chief executive Andrew Forrest.
