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Jenny Humphris

LLM, LLB (Hons)

Partner - Brisbane

Areas of Expertise

Native Title & Indigenous Cultural Heritage, Local Government

Contact Jenny

+61 7 3135 0690 jenny.humphris@holdingredlich.com Connect

Expertise

Jenny specialises in the area of native title and Aboriginal and Torres Strait Islander cultural heritage law, representing 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 and New South Wales. She also regularly provides advice on the native title and Aboriginal cultural heritage implications of government and private infrastructure projects.

Jenny is recognised in the 2016-2023 Doyles Guide and the 2018-2023 Who’s Who Legal: Australia and New Zealand as a recommended lawyer in Native Title Law in Australia. She was also recognised in the 2022 Doyles Guides as a leading lawyer in Native Title. 

Experience

Native title proceedings

  • representing respondent parties to the majority of native title proceedings in the Federal Court in Queensland and New South Wales 
  • 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 
  • commencing non-claimant applications in the Federal Court
  • 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, changing and granting land tenure 
  • advice upon and the preparation of future act notices for the validation of activities that affect native title under the Native Title Act 1993
  • advising on whether native title exists or has been extinguished by tenure or public works 
  • assisting public entities to compulsorily acquire native title to facilitate projects, where appropriate
  • training of management and staff on native title legal compliance requirements.

Aboriginal and Torres Strait Islander cultural heritage

  • providing advice to public and private proponents of activities and development in Queensland to address their duty of care under the Aboriginal Cultural Heritage Act 2003 (Qld) and Torres Strait Islander Cultural Heritage Act 2003 (Qld) when undertaking activities on land or waters in Queensland
  • drafting and negotiating Aboriginal and Torres Strait Islander cultural heritage management plans and agreements to address the duty of care and ensure harm is avoided or minimised
  • providing advice in relation to potential or threatened cultural heritage proceedings
  • representing parties in the Land Court
  • facilitating training of management and staff on Aboriginal and Torres Strait Islander 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 advising 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.

Renewable energy

  • providing advice on the effect of the development of land or waters of renewable projects on native title and strategies for compliance
  • advising on how to meet the duty of care under the Aboriginal Cultural Heritage Act 2003 (Qld) and Torres Strait Islander Cultural Heritage Act 2003 (Qld) when undertaking renewable projects
  • drafting and negotiating Aboriginal and Torres Strait Islander cultural heritage management plans and agreements with Aboriginal and Torres Strait Islander parties including strategies for engagement
  • advice on the implications of cultural heritage database and register entries.

Relevant recent matters

  • providing advice on the native title implications of the Goondiwindi Regional Council’s wastewater to hydrogen project (2021)
  • providing native title due diligence advice  for the sublease of a pastoral holding for the development of a solar farm (2021)
  • negotiating cultural heritage management plans with the Western Wakka Wakka and Barunggam People to facilitate the development of a wind turbine farm near Jindowae in South Qld (2021)
  • negotiating a cultural heritage management plan on behalf of a private developer for a 100 lot residential sub-division near Rochedale (2021)
  • negotiating a cultural heritage management plan for Scenic Rim Regional Council for the Beaudesert Business Park Project 2020)
  • negotiating a cultural heritage management plan for the Logan Water Infrastructure Alliance for the Cedar Creek Sewerage Treatment Plant and Pipeline (2018)
  • advising a major NSW based local government on native title implications of a City re-development project (2019-ongoing)
  • negotiating a cultural heritage management plan on behalf of Defence Housing Australia for its 180 lot Aulds Road, Ripley residential development (2018)
  • negotiating a cultural heritage management plan on behalf of a private developer for a 300 lot residential sub-division near Jimboomba (2019)
  • negotiating numerous (over 35) indigenous land use agreements on behalf of local governments and private proponents including a cultural heritage management agreement to facilitate  various infrastructure projects (2010 – ongoing)
  • negotiating over 30 indigenous land use agreements on behalf of Ergon Energy, an electricity distribution entity, as part of the resolution of its interests in native title proceedings (2010-ongoing)
  • representing appellant in the Land Court proceedings: Dorante v Minister for Natural Resources and Mines and Ors; Sabatino v Minister for Natural Resources and Mines and Ors [2017] QLC 15. Our clients’ appeal was allowed which facilitates the grant to our clients of a lease pursuant to their lease entitlement under the Aboriginal and Torres Strait Islander (Land Holding Act) 2013 (2017)
  • representing a respondent to the Supreme Court challenge of the Land Court decision: Pearson Wigness and Ors v Kingham,
  • President of the Land Court and Ors BS 6142/17 and 6145/17.  The application was dismissed and the Land Court decision upheld (2017)
  • negotiating an indigenous land use agreement on behalf of Pormpuraaw Aboriginal Shire Council over the township to facilitate business development, home ownership, construction of social housing and delivery of government infrastructure (2016).

Publications

14 December 2022 - Knowledge

Ecologically sustainable development requires consulting traditional landowners

#Property, Planning & Development, #Native Title & Indigenous Cultural Heritage

The Federal Court, at first instance and on appeal, has overturned an offshore drilling plan because the proponent did not properly consult traditional landowners.

09 November 2022 - Knowledge

NSW Government Bulletin

#Government, #Native Title & Indigenous Cultural Heritage

In this edition, we look at some recent developments in native title compensation law, and in particular a recent hearing before the Full Federal Court which might take the area beyond the compensation provisions of the Native Title Act 1993 (Cth).

08 December 2021 - Knowledge

National Native Title Tribunal decides a mining lessee has not negotiated in good faith

#Native Title & Indigenous Cultural Heritage, #Construction, Infrastructure & Projects

The National Native Title Tribunal has dismissed a mining lessee’s application to be granted a mining lease because they failed to act in good faith when negotiating with the affected native title holders.

08 November 2021 - Knowledge

Spotlight on cultural heritage law reform following Aboriginal heritage destruction at Juukan Gorge

#Native Title & Indigenous Cultural Heritage

The Joint Standing Committee on Northern Australia has released its final report into the destruction of culturally significant caves at Juukan Gorge, which suggests eight key recommendations for reform to cultural heritage laws in Australia.

Upcoming Seminars

18 Oct 23 - Canberra

Privacy and the APS

With the recent major data breaches and increased public focus on privacy, ensuring privacy compliance is of great importance for everyone working in the Australian Public Sector (APS). This seminar will provide you with an overview of the reform proposals arising from the Privacy Act Review and their implications for the APS. Join Canberra partner Elizabeth Carroll and associate Lachlan Speak as they explore the proposed reforms with a focus on those affecting the responsibilities of Australian Government entities and APS employees.

Register now

Holding Redlich respectfully acknowledges the Traditional Owners of the land on which we operate as the continuing custodians of this land. We recognise their continuing connection to Country, practices, knowledge systems and communities. We pay our respects to Elders, past and present.

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