1-10 of 15 results
FPIC in focus: implications of a recent Canadian Federal Court decision for Australian stakeholders
The principle of 'free, prior and informed consent' (FPIC) is recognised as a 'gold standard' for engaging with First Nations communities in the context of environmental, social and governance (ESG) c ...
Significant reforms proposed to cultural heritage protections in the Northern Territory
Protection of sacred Indigenous sites is a cornerstone of preserving Australia’s First Nations heritage. The Northern Territory Aboriginal Sacred Sites Act 1989 (the Act) requires project proponents operating in the Northern Territory (NT) to obtain approval to operate in the vicinity of sacred site ...
High Court rules on Commonwealth liability for native title acquisitions in the NT
Commonwealth exposed to compensation claims for pre-1975 native title extinguishments ...
Native Title
Native title has been on the Australian legal landscape for more than 25 years, generating many practical issues for the mineral, oil and gas exploration, production and infrastructure industries, as well as for financiers, pastoralists, ...
Inquiry into the native title 'future acts' regime: Issues Paper released by the ALRC
The Australian Law Reform Commission (ALRC) is conducting a review of the 'future acts' regime in the Native Title Act 1993 (Cth) (NTA). This review comes in light of over 30 years of operation of the ...
ICMM's 2024 update: a new benchmark for Indigenous rights in mining
The ICMM has updated its Indigenous Peoples and Mining Position Statement, through which ICMM members have affirmed their commitment to respecting the rights of Indigenous Peoples and recognising their importance as partners in the development of mining projects on their lands and territories. ...
High Court rules on rights of native title parties in relation to mining infrastructure
In this Insight, we delve into the implications of the High Court's decision, including the importance of determining which future act process applies to the grant of a mining lease on which an infrastructure facility will be located. ...
1972 is calling: repeal of the Aboriginal Cultural Heritage Act 2021 (WA)
Just five weeks after its commencement, the Aboriginal Cultural Heritage Act 2021 (WA) (ACH Act) has been repealed, and will be replaced with an amended version of the Aboriginal Heritage Act 1972 (WA) (1972 Act) – the very legislation it was intended to overhaul. ...
Court determines Native Title compensation for the first time
Yesterday afternoon the Federal Court handed down a decision which for the first time provided judicial consideration of how to calculate native title compensation A decision on this issue has been long awaited ever since the Native Title Act commenced in 1994 Partner Ben Zillmann Senior Associate ...
Land Court hands down first Native Title Protection Conditions Recommendations Dispute Judgment
The decision was the first of its kind in relation to the Native Title Protection Conditions (NTPCs), which are conditions that apply to many exploration permits in Queensland. The decision will have implications for explorers with exploration permits granted subject to the NTPCs, and provides guidance on what are reasonable recommendations a native title party can make regarding exploration activities undertaken pursuant to the conditions. ...