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 indigenous organisations.
Our team is consistently at the forefront of developments in native title law and policy. We act on some of the largest native title deals in Australia and through our native title claims practice we represent resources, infrastructure and developer clients in hundreds of native title claims in all Australian jurisdictions.
Providing advice and developing long term strategies
We provide specialist advice on native title, cultural heritage and land rights issues. Importantly, we also assist our clients to build enduring relationships with Indigenous stakeholders and assist our clients to develop a practical long term strategy, so that agreements remain workable long after the lawyers have left the scene.
Native Title Compensation
Since the late 1990s, we have been discussing with our clients the issues and challenges surrounding native title compensation. We are at the forefront of developments in relation to the Federal Court's first ever assessment of native title compensation in the Timber Creek decision in 2016. 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 emerging issue.
Agreement making (including ILUAs)
We have over 20 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.
Advising on Cultural Heritage obligations
We advise our clients on meeting their Indigenous cultural heritage obligations imposed under State and Federal legislation, including the development of cultural heritage strategies to manage the impact of activities on cultural heritage and the design of cultural heritage management plans.
Providing comprehensive legal services for project development
Our native title practice works closely with other specialists 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.
