redux, this is very interesting and thanks for posting it.
This is the key point I reckon:
"The tribunal emphasised that it had a difficult task in weighing the relevant factors77 and indicated that apart from the issue of Lake Disappointment, it would have ruled the mining lease should be granted even against the
Martu?s wishes.78 However, the impact on Lake Disappointment changed the situation and the tribunal explained how it understood the Martu?s position:
? the Martu have to accommodate their cultural beliefs and practices within Australia?s legal system and dominant culture; they have to contemplate mining and other activities on significant areas which previously they would
not have contemplated;79 and
? the Martu?s initial agreement with Holocene indicated that the Martu were ?willing to make serious sacrifices in relation to the integrity of their culture and traditions with prospects of gaining benefits from the Project
that assist them to achieve their long term goals of employment, business opportunities and economic advancement?, but that because ?of the breakdown in negotiations, this compromise is no longer available?.80
The tribunal ruled that, in all the circumstances, the Martu?s wishes should be given greater weight than the potential economic benefit or public interest from the project proceeding.81 The tribunal?s decision was that the mining lease not be granted.82"
What happened was that at the Tribunal RWD and the government wanted the mining lease granted but without any of the financial benefits previously agreed with to benefit the Martu. And the decision found that without those benefits being part of the deal the resulting compromise that would have made the deal palatable to the Martu was no longer available..........
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