Traditional Owners will appeal a decision to uphold a controversial land deal obtained as part of Adani’s multibillion dollar mine project in Queensland's Galilee Basin.
The Wangan and Jagalingou Family Council seek to invalidate the Indigenous Land Use Agreement (ILUA) which they unsuccessfully argued last month was obtained at a "sham" meeting.
The group has served notice of a Federal Court full bench appeal of the decision which would have allowed the Queensland government to permanently extinguish native title over some sections of the land.
Adrian Burragubba, one of the W&J claimants, hopes to have the original deal thrown out.
“We will not abide a ruling that says it’s legal to have our ancient laws and culture, and our enduring rights in our lands and waters, merely voted away by a group of people who do not have the traditional authority to surrender our native title,” he said in a statement.
It comes after the Queensland state government confirmed that the Adani mine site will remain under native title until the Indian mining corporation can prove it has funding in place for the project.
Australia's big four banks have refused provide finance, forcing the company to look for overseas funding as environmental groups call on government to stop the project.
The company had planned to build a new 388km rail line from its controversial Carmichael mine to Abbot Point for export, but last week said it will "instead leverage existing rail infrastructure".
"By connecting to the existing network we can fast-track project delivery, reduce capital expenditure and deliver coal more quickly to countries in Asia," Adani Mining chief executive Lucas Dow said.
"We're 100 per cent committed to getting the Carmichael Project off the ground."
The company said its cut-price plan would follow the same path, meaning existing approvals and land-use agreements could be used.
Over the weekend, Opposition Leader Bill Shorten said there was a lot of skepticism about whether the controversial mining project will ever go ahead.
"Our policy is that we won't put a single taxpayer dollar into the project,” he told the ABC.
"If and when we're elected, and that's a big if, of course, we have to get elected, I'll sit down with my cabinet colleagues - we will work on the best science available."
However, Resources Minister Matt Canavan, who has been a staunch defender of the proposed mine, criticised Mr Shorten's "continued fence sitting".
"How can a shadow minister have a 'judgement' about such an important project, and the opposition not have a view at all?" Mr Canavan said.
"Queensland workers deserve to know what Labor's position is - otherwise they would have to conclude that Labor just cannot be trusted."