Managing Indigenous Relationships – Native Title and Cultural Heritage Law PERTH
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Effective management of native title and cultural heritage issues is critical to the timely delivery of infrastructure and mining projects.
Increasingly, project managers, construction personnel, environmental officers, consultants and in-house counsel must understand the legal issues relating to native title and Indigenous heritage. Without this knowledge, an organisation’s ability to manage these complex and difficult areas of project delivery may be reduced.
Using examples from case law and from our own extensive experience, this workshop will assist you to develop a strong understanding of the legislative basis, and the practical and commercial realities, of these specialised areas.
If your organisation has a group of staff who would benefit from training, or a specific issue that needs to be addressed, we can customise a workshop to your needs, partnering with you to develop a tailored solution. Please contact us [email protected] 1800 882 110.
Who should attend our Native Title and Cultural Heritage Law workshop?
- Public and private sector staff with environmental, agriculture, cultural heritage, property, or native title responsibilities
- Resources, projects, infrastructure and property development proponents
- Project managers, consultants, subcontractors and other personnel who must understand the fundamentals of native title and cultural heritage issues.
WA CPD Requirements: Clayton Utz is an approved "QA Provider" with the Legal Practice Board of WA for CPD purposes under the "Law Practice" & "Law Practice - additional" categories. This status does not extend to CPD activities requiring payment of fees to attend. Therefore, if WA practitioners wish to claim CPD following attendance at this workshop, it will be necessary to submit CPD-Form-3-Application-for-Approval-of-a-CPD-Activity-by-Practitioner to the Legal Practice Board of WA to have your participation at the workshop assessed and approved for CPD purposes.
What we'll cover
- What is native title and how do we manage the issues and risks associated with it?
- Examination of the workings of the Commonwealth Native Title Act, with particular focus on native title clearance for development activities, including:
- Indigenous land use agreements
- Developments on reserved lands and leases
- Development of facilities for services to the public
- Compulsory acquisition of native title
- The right to negotiate
- Native title compensation
- Alternative native title resolution (Noongar and Yamatji Nation settlements).
- Examination of the Aboriginal cultural heritage legislation in force at the Commonwealth level and in Western Australia, in the context of development approvals and the carrying out of development activities. In particular, we will address issues such as:
- The nature and significance of Indigenous cultural heritage
- Managing cultural heritage risks posed by development
- Legal obligations to avoid harm to Indigenous cultural heritage
- Identifying and consulting with Aboriginal parties, traditional owners and custodians
- Drafting, negotiating and implementing cultural heritage agreements with traditional owners or custodians
- The fallout from Juukan Gorge, and proposals to amend Western Australia’s cultural heritage legislation
- Penalties and enforcement.
What you'll learn
- Develop a sound understanding of native title and Indigenous heritage legislative requirements in Western Australia
- Understand how native title and Indigenous heritage issues fit into overall project management
- Be able to identify what processes and timelines apply to native title, Indigenous heritage sacred sites and Aboriginal land clearances and permits
- Know how to assess your projects against any legal requirements under relevant native title and Indigenous heritage legislation
- Identify which Aboriginal parties, custodians, organisations and other traditional owners you will be required to engage with to achieve clearances or permits
- Understand the fundamentals, and the practical and commercial realities, of native title and cultural heritage agreement-making, including with respect to Indigenous land use agreements, section 31 agreements, and agreements about cultural heritage.
Register your interest for 2022
8.15am for 8.30am - 4.45pm
Cost: Inc GST
$2,789 per person
$2,510 per person if booking two weeks before the workshop
$2,371 per person if in a group of three or more
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