Native title, land rights and cultural heritage
Ashurst Australia's native title team is the only native title practice ranked Band 1 by Chambers each year since 2007. We are the only Australian law firm with a significant nationwide native title practice and established long-term relationships with key stakeholders in Government, industry representative bodies and traditional owner organisations.
Our team is consistently at the forefront of developments in Indigenous land law and policy. We act on the largest native title deals in Australia and through our native title claims practice we represent resources, infrastructure, energy, government and developer clients in numerous native title claims and native title compensation claims across Australia.
Providing advice and developing long term strategies
We provide expert advice on native title, cultural heritage and land rights issues. Importantly, we also assist our clients to build enduring relationships with traditional owners and develop practical long term strategies, so that agreements remain workable long after the lawyers have left the scene. We work with our clients to help them achieve the free, prior and informed consent of traditional owners with respect to development proposals affecting their country.
Advising on Indigenous cultural heritage
Thoughtful and appropriate protection and management of Indigenous cultural heritage is critical to the success of most projects. Yet at both Commonwealth and State and Territory levels, significant policy changes are in progress and the laws themselves are in flux. We advise our clients on this constantly changing landscape and against this backdrop, where legal compliance is unlikely to be enough. Through the application of best practice principles, we help our clients meet Indigenous cultural heritage obligations imposed under State and Federal legislation so that they can be confident of the robustness of the outcomes. We do this through the development of cultural heritage strategies to manage the impact of activities on cultural heritage and the design of cultural heritage management plans.
Native title compensation
Since the late 1990s, we have been discussing the issues and challenges surrounding native title compensation with our clients. We are at the forefront of developments in relation to the High Court's first ever assessment of native title compensation in the Timber Creek decision. We have a deep understanding of native title compensation law, including valuation methodology, liability, risk and compensation claim procedures. We regularly advise clients on the risks and implications of native title compensation in relation to existing assets and new projects. Our significant expertise and thought leadership in this area means we are well placed to assist our clients on this important issue as it becomes increasingly central in native title discussions.
Agreement making (including ILUAs)
We have over 25 years' experience advising on native title and cultural heritage agreements including in the context of the right to negotiate process, the expedited procedure, land access negotiations and Indigenous land use agreements for resources and development projects. Agreement making has changed, and continues to change, over time. We work with our clients to negotiate and implement agreements utilising best practice frameworks, achieving the free, prior and informed consent of traditional owners and ultimately resulting in clients obtaining and maintaining their social licence to operate.
Providing comprehensive legal services for project development
Our native title practice works closely with other experts in property, environment, resources, energy, construction and infrastructure to provide comprehensive legal services for project development.
On an international front, we assist our clients in developing projects in other countries, particularly in negotiations with Indigenous communities and on human rights issues.
