Indigenous Trusts & Native Title

Navigating the Native Title and Aboriginal heritage landscape is a critical issue for both resource project operators and Indigenous corporations, and one that requires accurate advice, timely cultural awareness and sensitivity, timely commercial outcomes and strong relationships with stakeholders.

We have experience in advising and working in-house for resource companies and registered Aboriginal corporations We provide a detailed understanding of the various considerations and requirements for cross-cultural negotiations, including:

  • Negotiating and drafting Native Title and Cultural Heritage agreements including Indigenous Land Use Agreements (ILUA) and agreements for all Future Act matters
  • Strategic Native Title and Cultural Heritage advice
  • Ongoing compliance, management and enforcement of Native Title agreements
  • Regulatory compliance for mining, oil & gas and energy proponents
  • Working with and advising registered Aboriginal corporations and Prescribed Bodies Corporate (PBCs) in relation to Native Title agreements and commercial and corporate matters
  • Development and formulation of policies, procedures and administrative practices for Native Title and Aboriginal heritage agreements
  • Preparing and advising on trust deeds and variations
  • Legal representation before the National Native Title Tribunal for Future Act matters
  • Providing corporate, commercial and litigation advice and services to leading indigenous businesses

Our recent experience includes:

  • Advising an ASX-listed mineral sands explorer and developer in relation to land access and heritage arrangements for conversion licences, with an agreement negotiated and executed prior to the completion of the statutory four-month period
  • Assisting a prominent Indigenous construction, labour and logistics service provider in relation to corporate structuring, governance, contractual and other matters
  • Acting for a leading Indigenous maintenance, facilities and labour hire contractor in relation to a dispute with one of its sub-contractors in relation to payment claims under a contract and unspecified damages claims arising from termination for non-performance. The matter settled on favourable terms