DESI v Nagana Yarrbayn Wangan and Jagalingou Cultural Custodians [2026] QCA 7

DESI v Nagana Yarrbayn Wangan and Jagalingou Cultural Custodians Ltd [2026] QCA 7

Court / Tribunal: Court of Appeal
Date of decision: 28 January 2026
Type of proceeding: Judicial Review and declaration under Civil Proceedings Act 2011
Human Rights Act sections: 4 (how main objects are primarily achieved)
8 (meaning of compatible with human rights)
13 (human rights may be limited)
11 (who has human rights)
15 (recognition and equality before the law)
24 (property rights)
28 (cultural rights – Aboriginal and Torres Strait Islander peoples)
48 (interpretation)
58 (conduct of public entities)
59 (legal proceedings)

Summary

Cultural Custodians of land in Central Queensland had applied to the Department of Environment, Science and Innovation to take action to prevent mining activities in the Galilee Basin from harming sacred springs of cultural significance to Aboriginal peoples. The Department did not take any action and the Cultural Custodians applied to the Supreme Court for judicial review of the decision. The Court said the decision was not one that could be judicially reviewed but ordered that the Cultural Custodians could continue with an application for a declaration that the Department’s decision was unlawful.

Both parties appealed different parts of the Supreme Court decision.

On appeal, the court accepted that the various rights recognised in the Human Rights Act 2019 are relevant to assessing whether a decision meets the legal test for being judicially reviewable. In this case, it was arguable that cultural rights held by the applicant were affected by the Department’s decision, although the nature and content of cultural rights depends on a factual enquiry not yet undertaken.

The Court also expressed the view that for a human rights argument to be piggy backed on another ground for seeking relief or remedy under section 59 of the Human Rights Act, the other ground for relief must be bona fide and arguable, although the person may not be successful in obtaining relief or remedy on the other ground.