In 1963, the Yolŋu Clan leaders from Yirrkala presented the Australian Parliament with the Yirrkala Bark Petitions seeking to have their land and rights returned after the Australian Parliament approved the removal of 300 square km of land on the Gove Peninsula from the Arnhem Land Reserve for the mining of bauxite. The parliamentary inquiry which followed recommended to Parliament in late 1963 that compensation for loss of livelihood be paid and that sacred sites be protected.

The Gove mining operations were subsequently established by the Mining (Gove Peninsula Nabalco Agreement) Ordinance 1968. Under this Ordinance, the then mine operators were authorised to develop and operate the mine and refinery and were issued with the Special Mineral Lease which covers the mine, refinery and conveyor, and a number of Special Purposes Leases which cover areas such as the Nhulunbuy township and industrial estate.

In 1971, Yolŋu leaders again petitioned the Australian Government in the Gove land rights court case; this time about mining activity taking place on their land without their consent. The Northern Territory Supreme Court acknowledged the Yolŋu people’s ongoing relationship with the land and the established system of laws used by the people to govern the land, but the leaders lost the case because the Australian courts were still bound by legal principles that denied Indigenous peoples had laws and rights in relation to land.

This led to the enactment of the Commonwealth Aboriginal Land Rights (Northern Territory) Act 1976, under which all of the land in East Arnhem, including the underlying land of the Gove mine and township areas, was granted as freehold Aboriginal land.

Because the mining leases were in place, and are still, the grant to Traditional Owners of the mining areas and township of Nhulunbuy land continues to be held by the Northern Land Council and will be given to the Arnhem Land Aboriginal Land Trust when the mining leases terminate by or before 2053. When the mining and related leases terminate or expire, the Traditional Owners of the Gove Peninsula will own all of the Gove Peninsula area. Accordingly, the Traditional Owners will be the decision makers about the future of the Gove Peninsula beyond mining.