Energy Resources of Australia will appeal the Northern Territory government's decision to not renew the Jabiluka mineral lease, with a Federal Court listing scheduled for Thursday.
The decision was made by the NT government on advice by the Commonwealth and saw the application by Energy Resources Australia (ERA) for a 10-year lease renewal on the Jabiluka Uranium Mine knocked back.
The non-renewal of the lease was widely celebrated by Mirarr Traditional Owners, who have long campaigned against uranium mining at the site, and conservationists.
In July, the Northern Land Council reaffirmed its solidarity with Mirarr Traditional Owners in their opposition to the development of a uranium mine on their sacred Country.
Senior Traditional Owner Yvonne Margarula said at the time of the decision that "Jabiluka is a significant place for Mirarr people".
"It is the site of strong cultural significance - a place we have fought to protect," she said.
"I thank all people and governments who have worked with Mirarr over the last 30 years to ensure the protection of Jabiluka."
As a result of the decision, Prime Minister Anthony Albanese announced he would move to have the Jabiluka site incorporated into Kakadu National Park.
The ERA said in a statement they were appealing the decision, and on August 6 had commenced proceedings in the Federal Court against Federal Resources Minister Madeleine King, the NT Minister for Mining Mark Monaghan, as well as the Commonwealth and NT governments and Jabiluka Aboriginal Land Trust.
It said it was "seeking judicial review of the Renewal Decision, including the Commonwealth government's advice to the Northern Territory government to refuse the renewal of the Jabiluka Mineral Lease".
"ERA believes it had a right to have its renewal application lawfully determined and considers it was denied procedural fairness and natural justice in the decision-making process. ERA also considers that the decisions were subject to a number of other defects including because they were unreasonable," the statement said.
"ERA considers that its applications are warranted after taking into account the circumstances in which the Renewal Decision was made, which include the Commonwealth Minister providing her advice within two days of the renewal application being referred to her, and without providing ERA an opportunity to comment on information received and relied upon or other matters which she took into account."
The lease was due to expire on August 11 and the ERA said they were also seeking an interlocutory injunction to stay the renewal decision and its enforcement or execution.
Minister King said the decision provided "clarity and certainty to all parties".
"ERA and their major shareholder, Rio Tinto, rightly committed to not developing the site without the support of the Mirarr Traditional Owners, who are completely opposed to the renewal of the lease," she said at the time of the decision last month.
NT Minister for Mining Mark Monaghan said of the decision: "We have gone through a thorough process to ensure that all stakeholder views have been considered in this decision."
"The Federal Government advice, along with the wishes of the Mirarr people, were critical to this process and outcome," he said.
The ERA has held the licence for the Jabiluka site since 1991, however no mining has taken place.
The site sits alongside the former Ranger Uranium Mine, which was taken over by ERA's majority owner Rio Tinto earlier this year to manage the Ranger Rehabilitation Project, which has been hit by delays and a blow out in cost since the project was announced at the closure of the site in 2021.
