Managing Indigenous Relationships – Native Title and Cultural Heritage Law

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.

Who should attend

• Public and private sector staff with environmental, agriculture, cultural heritage 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.

What we will cover

What is native title and how do we manage the issues and risks associated with it?

• Examination of the workings of the 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.

Cultural heritage

• Examination of the Aboriginal cultural heritage legislation in force at Commonwealth level and around the various States and Territories, 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
  • Legal obligations to avoid harm to Indigenous cultural heritage
  • Drafting, negotiating and implementing cultural heritage management plans and other cultural heritage agreements
  • Identifying and dealing with Aboriginal parties and other traditional owners
  • Penalties and enforcement.

What you will learn

• Develop a sound understanding of native title and Indigenous heritage legislative requirements
• 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 and Indigenous heritage clearances
• Know how to assess your projects against any legal requirements under relevant Indigenous heritage legislation
• Identify which Aboriginal parties and other traditional owners you will be required to engage with to achieve clearances
• 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 cultural heritage agreements and management plans.