Lake Torrens Update

The court cases over the minerals exploration activities on the sacred sites of Lake Torrens and Andamooka Island continue

Despite the Kokatha people, through the Kokatha Uwankara native title claim, winning a case preventing further drilling, the case is far from over with an appeal being lodged by Straits Resources and its joint venture partner Argonaut Resources. The appeal will be heard later this year. And in another related court matter, a Judicial Review over the decision by Minister Portolesi to allow the drilling to proceed is still to be decided.

Justice Sulan ruled against Bob Starkey and Vincent Coulthard in a judgment delivered 17 March 2011. The plaintiffs succeeded on one ground of review, that the Minister denied the plaintiff’s procedural fairness and natural justice in relation to the traditional owner’s request for delegation of the Minister’s powers.

But according to Justice Sulan, this wasn’t enough to invalidate Portolesi’s section 23 authorisation.

The matter has been appealed by the plaintiff’s to the Full Court of the Supreme Court for this reason. The appeal will not be heard until at least August.