Native Title

How we can assist you

We understand the interaction between state and federal government, Aboriginal land councils and native title organisations, and we have wide experience in dealing with all stakeholders. In this most complex of areas, we can:

• identify and assess any native title, cultural heritage or land rights issues associated with a matter r project;
• identify any legislative or procedural requirements which impact upon project development;
• assist in the development and execution of an appropriate strategy to quickly and cost-effectively resolve any native title cultural heritage or land rights issues for projects in a cost effective and timely manner;
• guide projects through government approval processes; and
• manage relationships with relevant Indigenous communities and landowners.

Native Title due diligence reports

Our team is experienced in carrying out Native Title, Land Rights and Cultural Heritage Due Diligence and Audit Reports. Our Due Diligence and Audit Reports are, for example, used for prospectuses, sale or purchase of existing projects, development and financing of new projects and resolution of Government concerns.

Resolution of land access issues by negotiation or court processes

We are active and experienced in resolving Native Title, Land Rights and Cultural Heritage issues for project development, including indigenous land use agreements, negotiated arrangements under Native Title and other applicable legislation or, where necessary, court procedures. Our focus on the early development of effective resolution strategies for otherwise difficult Native Title issues has enabled our clients' projects to proceed to development on time and on budget.

Cultural Heritage clearance

We are highly experienced in developing and negotiating arrangements for the Cultural Heritage clearance for development projects such as the carrying out of Cultural Heritage surveys and the development of Cultural Heritage Management Plans. We are also highly experienced in dealing with complex legislation and common law that has the potential to interfere with or stall project development.

Policy development

We have extensive experience developing Native Title, Cultural Heritage and Land Rights policies for Government and industry which we use to assist clients in the development of appropriate internal and external policies.

Effective communication

We are experienced at assisting our clients to establish effective working relationships with Indigenous communities. We understand the benefits that successful communication strategies can have on our clients' project timelines.

Provide a comprehensive service

Our Native Title and Cultural Heritage Services Group supports, and is assisted by, other practice areas of Clayton Utz, including our Major Projects, Energy and Resources, Government Services, Real Estate, Construction and Environment and Planning Groups.

We are able to provide our clients with extensive experience in all Native Title and Cultural Heritage matters associated with project development from the initial Native Title and Cultural Heritage audit phase to developing creative mechanisms for the resolution of Native Title and Cultural Heritage issues affecting project infrastructure.