The High Court has granted the federal government special leave to appeal the late Gumatj leader Yunupingu's final court case.
In May, a decision by the full bench of the Federal Court paved the way for the Gumatj to potentially receive compensation for bauxite mining at Gove in northeast Arnhem Land.
In 2019, renowned land rights advocate the late Yunupingu, on behalf of the Gumatj clan, made an application for native title for land in the Gove Peninsula.
At the same time he lodged a compensation application for the alleged effects on native title of certain executive and legislative acts from 1911-1978.
The case centred around the Commonwealth's decision to allow mining on Gumatj country in 1968 without consent from traditional owners.
Yunupingu, who died in April, claimed compensation under section 51 of the constitution, which empowers the parliament to make laws for the acquisition of property on just terms, meaning the Commonwealth can acquire land if the landowner is paid.
On Thursday, a spokesperson for Attorney-General Mark Dreyfus said the government recognised the significant contribution Yunupingu made to First Nations land rights in Australia.
"Initiating this landmark case was one of many actions he took to build a better future for his people," the spokesperson said.
"The Gumatj case raised important legal issues including very significant constitutional issues that go beyond the native title context.
"Today's grant of special leave enables important issues to be settled by the High Court so the native title system continues to operate with clarity."
If the Gumatj succeed, the decision is likely to have implications for other native title claim groups.
The compensation was sought for land from which bauxite had been mined since 1968, when the Australian government entered into a lease with Nabalco.
The mining lease is now held by Swiss Aluminium.
Other Yolngu clan groups, including the Rirratjingu people, have made native title claims on parts of the land in question.
Native title is yet to be determined.
The appeal is likely to be heard next year.
