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 or 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.
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.
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.
The Native Title Services group's broad client base includes some of Australia's largest energy companies including ASX listed Origin Energy, international mining company Vale (Australia) as well as Queensland Government Owned Corporations and the Queensland Government. The group has been involved in some of the most significant projects in Australia.
Australia Pacific LNG Limited Project: acting in relation to all native title and cultural heritage issues and documentation associated with the development of a LNG project. This involves the preparation of at least eight Cultural Heritage Management Plans, at least six Indigenous Land Use Agreements and at least four agreements under section 31(1)(b) of the Native Title Act.
Vale: drafting and providing advice on a range of native title and cultural heritage agreements and Cultural Heritage Management Plans for various Vale projects including the development of the Belvedere, Ellensfield and Galilee Basin Coal Projects.
Adani Mining Pty Ltd: advising Adani Mining on native title and cultural heritage issues associated with its Carmichael Coal and Rail Project. This is a multi-billion dollar project and will involve strategic native title and cultural heritage advice and drafting a number of agreements under section 31(1)(b) of the Native Title Act 1993, Indigenous Land Use Agreements and Cultural Heritage Management Plans.
Pisolite Hills and Bauxite Hills Project: acting for Cape Alumina in relation to the development of its highly publicised Pisolite Hills Project and new Bauxite Hills Project including dealing with unique landowner, Government and Aboriginal land issues.
Water for Bowen, Glebe Weir, Lower Fitzroy, Nathan Dam, Edan Bann, Rookwood, and Burdekin Falls Dam Projects: acting for SunWater in relation to providing cultural heritage advice and a range of cultural heritage agreements for the Water for Bowen Project, Glebe Weir, Lower Fitzroy and Nathan Dam Projects. Also providing advice on native title issues associated with the projects.
Acting for international mining and petroleum companies in providing general advices to international mining and petroleum companies in relation to their rights under the Mineral Resources Act, Petroleum Act, Petroleum and Gas (Production and Safety) Act and related legislation.