The Full Court of the Federal Court upheld an appeal against a decision to approve a proposal to convert an underground mine into an open cut mine adjacent to the McArthur River. The Court held that the approval under the Environment Protection and Biodiversity Conservation Act 1999 (”EPBC Act”) was invalid due to jurisdictional error. The appeal was brought by the traditional indigenous owners of land in the area of the mine in the Gulf Country of the Northern Territory.

• The full decision is available on Austlii