Native Title

Native title challenges can cause complications and delays in major mining, oil and gas, agriculture, property and infrastructure projects. They also impact the associated stakeholders such as governments, finance providers and indigenous communities.

Our leading environmental lawyers understand the issues that can arise from native title disputes and work closely with key stakeholders to resolve differences and to reach commercial agreements.

Over the past decade we have advised TransGrid on the native title implications of its transmission line projects. We have also been trusted advisers to infrastructure providers and owners, such as RailCorp, AGL and the RTA.

When dealing with native title issues our approach is flexible and is focused on tailoring our strategies for each circumstance. Our expertise includes:

• security of title
• interpretation of the native title legislation 
• negotiation with Indigenous communities
• disclosure requirements and compensation liability
• native title agreements and indigenous cultural heritage agreements
• advising on statutory Aboriginal lands regimes
• representation in the National Native Title Tribunal, and Federal and High Courts in native title matters
• due diligence 
• risk assessment
• seminars and training on native title issues.

• Advised on native title relating to the proposed acquisition of airspace over the Brunswick River and the preferred method of acquiring the interest.
• Provided native title advice on compulsory land acquisitions for the TransGrid MetroGrid Project. This included whether or not native title still applied to the land to be acquired and advice on the process for acquiring land where native title existed.
• Advised RailCorp on the extinguishment of native title in relation to its rail projects and corridors, including confirmation on where native title had been extinguished.