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Expertise

Jenny is a Special Counsel in the Planning & Environment group and specialises in the area of native title and Aboriginal cultural heritage law. She has also provided advice to local governments and government owned entities for over 30 years on governance and property issues.

Jenny represents local governments, government corporations, developers, pastoral holders and other public and private entities as respondent parties to the majority of native title claims in Queensland. She also regularly provides advice on the native title and Aboriginal cultural heritage implications of government and private infrastructure projects. 

Jenny is recognised in Doyles Guide as a recommended native title lawyer and is appointed to the Commonwealth Attorney-General’s panel of native title lawyers.

Experience

Native Title Proceedings

  • representing respondent parties to the majority of native title proceedings in the Federal Court in Queensland
  • providing technical and strategic advice on how best to protect and preserve a party’s interests in native title proceedings
  • appearing in the Federal Court, at case management conferences, mediations and in private negotiations 
  • negotiating the terms of over 50 consent determinations, indigenous land use agreements and land access agreements as part of the resolution of parties’ interests in native title claims
  • commencing non-claimant applications in the Federal Court, where appropriate
  • representing parties in contested native title hearings.

Native Title Project Advice

  • providing native title due diligence and assessment advice to public and private entities for infrastructure projects and the acquisition and development of land
  • negotiating indigenous land use agreements for the construction of public and private sector infrastructure and development with Traditional Owners, the State of Queensland and other parties
  • advice upon and the preparation of future act notices under the Native Title Act 1993 for the validation of activities that affect native title
  • undertaking and providing advice on tenure history analysis to ascertain whether native title exists or has been extinguished by tenure grants or the constructions of public works
  • making submissions to the State in relation to the native title implications of the offers of tenure grants
  • assisting public entities to compulsorily acquire native title to facilitate projects, where appropriate
  • assisting landowners and purchasers to address the native title implications to freehold State land
  • advice on the native title implications of changing tenures including upgrading pastoral holdings, the dedication of public reserves and the grant of leases
  • facilitating training of management and staff on native title legal compliance requirements.

Aboriginal Cultural Heritage

  • providing advice to public and private proponents of activities and development in relation to addressing their duty of care under the Aboriginal Cultural Heritage Act 2003 (Qld) and Torres Strait Islander Cultural Heritage Act 2003 (Qld)
  • drafting and negotiating Aboriginal cultural heritage management plans and agreements
  • advice in relation to potential or threatened Aboriginal cultural heritage proceedings
  • representing parties in the Land Court
  • facilitating training of management and staff on Aboriginal cultural heritage legal compliance requirements. 

Indigenous Land Dealings

  • advice on land dealings and tenure grants under various relevant indigenous land legislation including the Aboriginal Land Act 1991, Torres Strait Islander Land Act 1991, Aboriginal and Torres Strait Islander Land Holding Act 2013 and Aboriginal and Torres Strait Islander (Justice, Land and Other Matters) Act 1984
  • advice on the powers and responsibilities of trustees of reserve land and the transferability of trust land
  • drafting and providing advice on the grant of Aboriginal freehold and home ownership leases under the Aboriginal Land Act 1991, social housing leases under the Housing Act 2003, trustee leases, trustee permits, easements and licenses under the Land Act 1994 and the grant of “Katter” leases under the Aboriginal and Torres Strait Islander Landholding Act 2013.

Government Advisory

  • advising on numerous governance issues including meeting procedures, resolutions, powers and responsibilities of local governments, delegations and authorised person appointments and powers under the Local Government Act 2009.
  • drafting and providing advice on local laws and subordinate local laws.

Publications

22 May 2018 - Blog

Confusion as indigenous cultural heritage “Last Man Standing Rule” thrown out

#Government, #Property & Real Estate

The Department of Aboriginal and Torres Strait Islander Partnerships (DATSIP) has responded to the Queensland Supreme Court’s decision in Nuga Nuga Aboriginal Corporation v Minister for Aboriginal and Torres Strait Islander Partnerships [i] (the Nuga Nuga Decision) by no longer recognising that the last registered claimants for an area are the Aboriginal party, unless and until a new native title claim is registered or determined.

21 February 2018 - Blog

Supreme Court upholds decision that native title is not an obstacle to the grant of leases

#Property & Real Estate

The Supreme Court of Queensland has upheld a decision of the Land Court which will enable the State government to issue leases over land in the Torres Strait and Aboriginal communities...

26 October 2017 - Blog

New cultural heritage legal framework for New South Wales

#Property & Real Estate

The New South Wales Government has invited submissions, as part of its public consultation phase, upon proposed new Aboriginal cultural heritage legislation. This follows extensive State review and analysis over the past four years. The legislation aims to provide a better framework to recognise and protect Aboriginal cultural heritage....