Court to Decide on Validity of Aboriginal Site Boundaries Impacting Hamersley Project

Background to the Dispute

Eminence Minerals Limited (ASX – EMA) has been engaged in a significant legal challenge concerning the Aboriginal Cultural Heritage Committee’s decision to recognise two new Aboriginal sites on land earmarked for its Hamersley Iron Ore Project. The dispute centers on whether the Committee’s decision was sufficiently clear and reasonable, particularly regarding the mapped boundaries of these sites.

The judicial review hearing, which began in late September 2025 and concluded in December, examined whether the Committee’s decision met legal standards for certainty and procedural fairness. Eminence argued that the boundaries were too uncertain to validate the Committee’s recognition, potentially impacting the company’s ability to progress its mining project.

Legal Proceedings and Key Issues

The Supreme Court hearing delved into three main grounds raised by Eminence – the unreasonableness of the Committee’s decision, failure to accord procedural fairness, and the uncertainty surrounding the decision’s boundaries. After initial submissions, the Court allowed additional affidavit evidence to clarify these points before concluding the hearing in December.

While the Court has not yet announced when it will deliver its ruling, the decision is expected in the first quarter of 2026. This ruling will be pivotal in determining whether Eminence can move forward without further legal impediments or if additional challenges, such as actions in the State Administrative Tribunal, will be necessary.

Implications for Eminence and the Hamersley Project

The outcome of this judicial review carries significant implications for Eminence’s Hamersley Iron Ore Project. A ruling in favour of the company could clear a major hurdle, allowing the project to advance with greater certainty. Conversely, an adverse decision might complicate the project’s timeline and regulatory compliance, potentially requiring further negotiations with Traditional Owners and heritage authorities.

Throughout the process, Eminence has emphasised its commitment to respecting Aboriginal heritage legislation and maintaining constructive engagement with all stakeholders. This approach reflects the broader industry trend of balancing resource development with cultural and environmental responsibilities.

Looking Ahead

As the mining sector watches closely, Eminence’s next steps will hinge on the Court’s forthcoming decision. The company’s readiness to pursue further legal avenues underscores the complexity and high stakes involved in heritage site recognition disputes within resource-rich regions like Hamersley.