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Significant reforms made 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 ...
Review of the 'future acts' regime: key proposals and next steps
The Australian Law Reform Commission (ALRC) has released a discussion paper as part of its comprehensive review into the 'future acts' regime under the Native Title Act 1993 (Cth) (NT Act). This follows the issues paper published in November 2024, inviting further engagement on reforming this key ...
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 ...
Security of payment: preventing enforcement of adjudicated amounts to contractors in precarious financial positions
The Queensland Supreme Court has granted a stay preventing enforcement of a judgment debt obtained by a contractor in reliance upon an adjudication decision pursuant to the Building Industry Fairness ...
High Court rules on Commonwealth liability for native title acquisitions in the NT
Commonwealth exposed to compensation claims for pre-1975 native title extinguishments ...
Conexa and statutory severance: when a pipeline is 'land'
'Statutory severance' provisions have a significant impact on the application of tax laws to owners of built infrastructure. The New South Wales Court of Appeal's recent decision in Conexa Sydney Hold ...
Streamlining infrastructure between government and industry
Since releasing the NSW Government Action Plan: A Ten Point Commitment to the Construction SectorNSW Government Action Plan: A ten point commitment to the construction sector (the Ten Point Commitment) in 2018, the construction sector has undergone significant change. ...
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. ...
Government support for security of payment reform in Victoria
The Victorian Parliament has expressed its support for many significant reforms to the Building and Construction Industry Security of Payment Act 2002 (Vic) (SOPA). ...