Native title and cultural heritage

With a sophisticated understanding of the approval processes, our native title and cultural heritage experts are well-placed to support the successful delivery of major projects.

Our experience includes drafting and negotiating agreements with native title holders, claimants and traditional owners throughout Australia with particular experience advising on behalf of energy, resource and infrastructure clients. From native title agreements and cultural heritage management plans, to advising on the effects of native title and cultural heritage on our clients' interests, we are here to help.

With a deep understanding of these complex issues, our approach to negotiations and structuring agreements takes into consideration the importance of building and maintaining relationships with traditional owners throughout all stages.

Cultural heritage law encompasses the legal frameworks designed to protect and preserve the cultural heritage of traditional owners, including sacred sites, artifacts, and traditional knowledge. Our firm understands the importance of cultural heritage preservation and works closely with clients to ensure their cultural heritage risks are managed in line with relevant project objectives and timeframes.

Native title

• Conducting native title due diligence.
• Advising on native title rights and interests, including procedural rights.
• Representing clients in native title determination proceedings.
• Drafting and reviewing native title agreements, including Indigenous Land Use Agreements (ILUAs).

Cultural heritage

• Advising on compliance with relevant legislation, such as the Aboriginal Heritage Act.
• Negotiating cultural heritage management plans and agreements.
• Representing clients in disputes related to cultural heritage.
• Providing training and workshops on cultural heritage awareness and legal obligations.

• Providing advice regarding application of the ‘future act’ pre grant and renewal of petroleum tenure in South Australia and Queensland.
• Advising a project proponent in Land Court proceedings concerning the implications of dismissal of a native title claim on an agreement made following a right to negotiate process under the Native Title Act.
• Providing advice and assistance to a project proponent in a right to negotiate process in respect of a significant gas project.
• Advising on and negotiating agreements with Land Councils and other representative bodies to permit exploration and development in South Australia, Queensland, the Northern Territory and New South Wales.