9 results

High Court rules on rights of native title parties in relation to mining infrastructure
Insight 22 Apr 2024

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)
Insight 16 Aug 2023

Just five weeks after its commencement, the Aboriginal Cultural Heritage Act 2021 (WA) (ACH Act) has been repealed, and will be replaced with an amended version of the Aboriginal Heritage Act 1972 (WA) (1972 Act) – the very legislation it was intended to overhaul. ...

Land Court hands down first Native Title Protection Conditions Recommendations Dispute Judgment
Insight 08 Nov 2022

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. ...

Protection of cultural heritage and FPIC
Insight 11 Nov 2021

As part of the increasing focus on Environmental, Social and Governance (ESG) in Australia and overseas, there is a spotlight on the principle of 'free, prior and informed consent' (FPIC) in the context of Indigenous engagement and protection of cultural heritage. ...

Certainty to return to Aboriginal cultural heritage in Queensland
Insight 03 Sep 2018

Project proponents and operators in Queensland can breathe a sigh of relief following the introduction of a Bill to restore certainty and validity to agreements for the management of Aboriginal cultural heritage in that state. ...

Registering Indigenous Land Use Agreements - it's all or nothing
Insight 06 Feb 2017

In McGlade v Native Title Registrar, the Full Federal Court has found that the Native Title Registrar does not have the jurisdiction to register an agreement on the Register of Indigenous Land Use Agreements unless the agreement is signed by all registered native title claimants. ...

Court determines Native Title compensation for the first time
Insight 25 Aug 2016

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 ...

South West settlement agreed to in principle
Insight 03 Feb 2015

The West Australian Government and the South West Aboriginal Land and Sea Council have come to an in-principle agreement in relation to a collective native title claim of the Noongar people The South West Settlement Agreement which should provide greater clarity regarding aboriginal heritage surveys ...

High Court rules mining leases and native title can co-exist
Insight 13 Mar 2014

The High Court ruled that certain mining leases in WA did not extinguish all native title rights, but rather the two rights co-exist. In doing so, the High Court took the opportunity to clarify the test for determining when native title rights will be extinguished by statutory grants at common law. ...