Native title and indigenous cultural heritage are key factors for the development and operation of resource and infrastructure projects in Australia. The manner in which projects address indigenous legal issues impacts not only on project structures and timeframes, but the project proponent’s corporate reputation.
Freehills has a national team with specialist expertise in this area, providing practical and strategic advice in relation to all aspects of land access and approvals for major resource and infrastructure projects across Australia.

We offer a range of legal and strategic services including:

• project structuring advice, including land access and approvals strategies, liaison assistance with government agencies, indigenous parties and native title representative bodies
• conducting and advising on the negotiation of all types of native title agreements and indigenous cultural heritage agreements
• advising on statutory Aboriginal lands regimes
• advising on compliance with indigenous cultural heritage legislation including: the scoping and conduct of cultural heritage surveys, consultation with indigenous communities, drafting and implementation of statutory and voluntary cultural heritage management plans, and otherwise obtaining approvals
• acting for projects in relation to matters arising under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth)
• representation in the National Native Title Tribunal, and Federal and High Courts, in respect of native title claims and future act matters
• project due diligence to assess native title risk associated with the acquisition, establishment and financing of major projects, and
• legislative compliance seminars and training in relation to indigenous issues.
  

Our team has a depth of experience in advising in relation to major resource and infrastructure project across Australia including in relation to:

• Resources – we provide land access and approvals advice in relation to all aspects of significant mining and LNG projects from feasibility, design, and construction, through to operation and decommissioning.
  We have significant on the ground experience in negotiating native title and heritage agreements with indigenous parties.
• Linear infrastructure such as road, rail, pipelines (gas and water) and transmission lines
• Power stations, airports, and industrial infrastructure
• Water infrastructure including: dams, pipelines, treatment facilities, and bore fields
• Property development
• Due diligence
• We have represented clients in:
• significant native title litigation in both the High Court and Federal Court
• native title consent determinations
• future act matters in the National Native Title Tribunal, and
• hearings in administrative review tribunals in relation to indigenous heritage matters.

Please contact us for details of the matters on which we have advised.

We recognise that a flexible approach is required in dealing with indigenous legal issues, to accommodate the circumstance of each case, the particular indigenous groups involved and the philosophies of our clients. These can vary greatly from case to case and we are accustomed to tailoring strategies most appropriate to the circumstances.

Legal Guides

• Tier 1 Ranking, Environment, Chambers Global Guide (2010, 2009)

Testimonials

• ‘Some of the best lawyers in the country, who really try to think outside the square and present advice in a way that is helpful to clients.’ Chambers Global 2010
• ‘Freehills “has an outstanding team in environmental matters, and is renowned for its commercial acumen”.’ Chambers Global Guide 2010
• ‘The environment and planning team at Freehills provides “advice that is to the point, easily digestible and well tailored to the clients’ commercial needs.”’ Chambers Global 2009