Publications
Our experienced Native Title legal team regularly publish articles and updates as developments occur in native title and cultural heritage law – the full list of publications appears below. If you'd like to be notified when we add new native title publications to the site, please go to our subscription page to sign up for email alerts or, alternatively, you can subscribe to our RSS feed. Read about our extensive experience in this complex area of the law.
For publications in other legal areas see our recent publications page.
Native title round-up
Legislation on native title has been introduced by the Commonwealth, States and Territories since the High Court's historic declaration on native title rights in Mabo. We examine how native title is established and extinguished, and what it means for Australia's energy and resources industries.
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publication or go straight to: Commonwealth
NT WA
Qld NSW
Victoria SA
Tasmania ACT
Recent publications
- 05 August 2008
Focus: Native TitleOne of the Federal Government's 2007 election promises was to create a new national Indigenous representative body to replace the Aboriginal and Torres Strait Islander Commission, which was disbanded in 2005. In view of this, the Aboriginal and Torres Straight Islander Social Justice Commissioner, Tom Calma, has released an issues paper. Senior Associate Robyn Glindemann and Lawyer Jess Moir summarise the paper
- 04 September 2007
Focus: ResourcesNew legislation just passed by the Queensland Government effectively abolishes the Land & Resources Tribunal and confers its existing jurisdiction on the Land Court. Partner Ben Zillmann, Senior Associate Bill McCredie and Lawyer Oliver Lawson explain the changes
- 10 May 2007
Focus: Native TitleThe Native Title Amendment Act 2007 (Cth) has come into effect to increase flexibility and certainty in the native title system. The amendments encourage the parties to resolve claims through agreement rather than litigation. Partner Tony Wassaf and Lawyer Lisa Ng look at the changes to native title legislation that will allow more efficient management and faster resolution of native title claims
- 08 May 2007
Focus: Aboriginal Cultural HeritageOn 28 May 2007, a new system of Aboriginal heritage protection in Victoria will come into force. Cultural heritage management plans are a significant feature of the new regime, with draft regulations setting out when these plans will be required. Partner Chris Schulz and Senior Associate Penny Creswell take a look at the proposed requirements for Aboriginal heritage plans
- 07 February 2007
Client update: Native TitleThe decision in the Wongatha native title claim was expected to clarify the native title position for all who live and work in the WA goldfields region. However, following the Federal Court's decision, the native title position in the goldfields remains unclear. Senior Associates Robyn Glindemann and Kate Barrett explain
- 20 September 2006
Focus: Native TitleOn 19 September 2006 Justice Wilcox of the Federal Court handed down the first determination of native title in a major capital city. Senior Associates Robyn Glindemann and Kate Barrett examine the key findings
- 01 May 2006
Focus: Native TitleSenior Associate Robyn Glindemann, Lawyer Penny Creswell and Law Graduate Melanie Jasper review the latest native title decisions handed down by the Federal Court
- 07 February 2006
Focus: Native TitleIn its first decision on cultural heritage management plans, the Queensland Land and Resources Tribunal demonstrated that it will recommend approval of a plan considered fair and reasonable in the circumstances. It also made important determinations on a number of contentious issues common to most CHMPs. Senior Associate Ben Zillmann and Strati Pantges report
- 21 December 2005
Focus: Native TitleNative title has been recognised for the first time in Victoria, with a consent determination over parts of western Victoria made by the Federal Court on 13 December 2005. Senior Associate Julie Freeman reports
- 15 December 2005
Focus: Native TitleA package of measures designed to improve the performance of the native title system established under the Native Title Act was released by the Federal Government on 7 September. This package is aimed at identifying and implementing improvements to processes for the recognition of native title and the resolution of disputes over land that may be subject to native title. Senior Associate Robyn Glindemann and Lawyer Alex Brown outline the proposals
- 21 November 2005
Focus: Aboriginal Cultural HeritageOn 18 October, the Victorian Government released the exposure draft of the Aboriginal Heritage Bill which aims to strengthen the protection of Aboriginal cultural heritage in Victoria. Senior Associate, Julie Freeman and Lawyer Emily Gerrard, look at the changes proposed by the draft Bill
- 05 September 2005
Focus: Native TitleSenior Associate Robyn Glindemann and Lawyers Kate Barrett and Penny Creswell look at some of the issues raised in four recent decisions relating to native title
- 06 May 2005
Focus: Native TitleThe Queensland Government recently released its Cultural Heritage Management Plan Guidelines under the Aboriginal Cultural Heritage Act 2003 (Qld). The Guidelines provide some useful guidance as to when a cultural heritage management plan may be needed and what should be addressed. Senior Associate Ben Zillmann and Lawyer Rochelle Spedding look at the guidelines
- 07 February 2005
Focus: Native TitleThe WA Government signed two native title settlement agreements in late December 2004, representing the 'length and breadth' of native title settlements in the state. While in Queensland, more Torres Strait Island claims have been settled and the use of the expedited procedure to grant exploration permits has now been in use for a year. Senior Associates Robyn Glindemann and Ben Zillmann report
- 21 April 2004
Focus: Native TitleThe Queensland Government's new regime to protect indigenous cultural heritage began on 16 April 2004. The commencement of the Aboriginal Cultural Heritage Act 2003 and the Torres Strait Islander Cultural Heritage Act 2003 signifies the beginning of a more comprehensive regime for the recognition, protection and conservation of Aboriginal cultural heritage. Senior Associate Ben Zillmann and Lawyer Rochelle Spedding report
- 02 April 2004
Focus: Native TitleThe Federal Court has determined that native title rights exist over waters in the Gulf of Carpentaria, off the North West Queensland coast. However, in its judgment delivered last week (23 March 2004), the court ruled that the native title rights are non-exclusive, meaning the impact of the determination on third parties is minimal. Senior Associate Ben Zillmann and Lawyer Rochelle Spedding report
- 06 January 2004
Focus: Native TitleThe Federal Court was active in December 2003 handing down decisions in four native title cases. One of these decisions marks the end of one of the most important cases dealing with the extinguishment of native title. Senior Associate Robyn Glindemann reviews the four rulings
- 05 November 2003
Client Update: Native TitleThe Queensland Government recently passed two new Acts that will replace the current cultural heritage legislation in Queensland and will provide a more prescriptive regime for managing and protecting cultural heritage than is presently the case. Senior Associate Ben Zillmann looks at the new legislation
- 27 October 2003
Focus: Native TitleWhen assessing the impact of native title on a proposed new project, an important first step will always be an assessment of whether or not native title has been extinguished over the area in question. Senior Associate Ben Zillmann looks at two recent Federal Court decisions that help give an insight into this issue
- 22 August 2003
Focus: Native TitleAt a time when cultural heritage issues are occupying the front page of newspapers in the State, the Queensland Government has finally acted to overhaul Queensland's current cultural heritage legislation. Yesterday, two Bills were introduced into Parliament which repeal the existing legislation and replace it with specific legislation applying only to Aboriginal and Torres Strait Islander cultural heritage. Senior Associate Ben Zillmann examines the new legislation
- 27 June 2003
Focus: Native TitleIn a landmark decision, the Queensland Land and Resources Tribunal has recommended the grant of mining leases in Queensland in the face of native title opposition, and in doing so has provided useful comment on issues of evidence, compensation and cultural heritage.
- 23 June 2003
Focus: Native TitleThe Queensland Government is attempting to re-invigorate mineral exploration in the State by approaching native title issues in a different manner. Senior Associate Ben Zillmann and Lawyer Rochelle Spedding look at the new procedures, which will commence from 1 July 2003
- 03 March 2003
Focus: Native TitleAs a result of legislation introduced in the Queensland Parliament on 25 February this year, Queensland's native title 'Alternate State Provisions' for mining tenements will be replaced by the Commonwealth 'right to negotiate' regime. The native title scheme will revert to the Commonwealth Native Title Act 1993 provisions for tenement applications made after 31 March 2003, reports Senior Associate Ben Zillmann
- 03 January 2003
Focus: Native TitleThe Yorta Yorta decision points to the High Court taking a more literal interpretation of native title legislation and as such, may mean future claimants will have to place greater emphasis on proving unbroken custom and traditions that pre-date British sovereignty. Partner Andrew Buchanan provides a more detailed review of the decision
- 12 December 2002
Client Update: Native TitleThe High Court of Australia today handed down another important ruling on native title. The Yorta Yorta decision, which involved a claim centred around the Murray River region in Victoria and New South Wales, is the first real consideration by the High Court of what must be proved to establish native title
- 17 September 2002
Focus: Native TitleThe Queensland Government has released consultation drafts of proposed Bills to protect Aboriginal and Torres Strait Islander cultural heritage. As AAR Senior Associate Ben Zillmann and Lawyer Cathy Atkinson explain, the Bills will increase measures to protect Aboriginal cultural heritage
- 11 October 2001
Focus: Native TitleThe backlog of exploration permits in Queensland could soon start clearing with the release of the State-wide Model Indigenous Land Use Agreement, negotiated between the State Government and the Queensland Indigenous Working Group
