Native Title & Indigenous Cultural Heritage

We represent respondent parties across Queensland, New South Wales, and Victoria in both native title consent determinations and contested hearings. Our focus is on achieving commercially viable outcomes through:

• Strategic Representation: Advocating client interests in complex mediations, case management conferences and court hearings.
• Agreement Making: Negotiating and drafting Indigenous land use agreements (ILUAs), cultural heritage management agreements, cultural heritage management plans and land access arrangements.

We help public and private sector entities de-risk land dealings and infrastructure projects by integrating native title and cultural heritage considerations into the early planning stages. Our services include:

• Due Diligence: Determining if native title exists or has been extinguished; identifying requirements to address native title laws; and ensuring proponents meet their "duty of care" under the Aboriginal Cultural Heritage Act 2003 (Qld) and related legislation.
• Management Plans: Negotiating and drafting Indigenous land use agreements, cultural heritage management agreements and plans.
• Compliance Training: Delivering tailored internal training to ensure your staff understand their statutory obligations.
• Future Act Compliance: Preparing notices under the Native Title Act 1993 (Cth) to validate project activities.
• Compulsory Acquisition: Assisting public entities to acquire native title interests to facilitate essential government works.
• Non-Claimant Applications commencing applications in the Federal Court for certainty of where native title does not exist.

• Infrastructure Delivery: Negotiating Indigenous land use agreements and cultural heritage agreements for government and private entities to facilitate township revitalisation, commercial and residential development, land swaps, energy projects, delivery of service infrastructure and quarries.
• Tenure Upgrades: Managing the native title implications of changing land tenure including dedicating public reserves and upgrading pastoral leases to freehold.
• Freehold Conversions: Assisting trustees and landowners to address native title to acquire freehold and other interests in State land.

We advise local governments and other trustees on their powers and responsibilities.

• Trustee Support: Advice on land transferability under the Aboriginal and Torres Strait Islander Land Acts and the powers and responsibilities of trustees.
• Leasing Frameworks: Drafting commercial and residential leases and land use agreements.
• Landmark Success: We successfully represented applicants in the Land Court and Supreme Court proceedings that led to the first grant of home ownership leases under the Aboriginal and Torres Strait Islander Land Holding Act 2013 (Qld).