A decade of Native Title Year in Review: Leonie Flynn
I am truly delighted to share our 10th annual Native Title Year in Review with our Alumni community. I have been editor since the first edition in 2015 and have seen it go from strength to strength. It has been a pleasure to work with our native title partner experts Tony Denholder, Clare Lawrence and Andrew Gay on each edition over the years.
Reflecting on a decade of reviews, what stands out as the most significant shift in native title law and practice since 2015?
In our 2015 edition, we noted that "native title remains a contested field", but the resolution of some complex claims and other disputes showed "the maturing of the native title system". We said that, "looking forward, we expect the much anticipated compensation phase to gain more traction". While compensation issues have been at the forefront of some developments over the last few years, no one could predict the enormous impact that developments in the non-native title space would have on native title law and practice.
How have changing societal expectations and the concept of social licence influenced native title negotiations and outcomes?
So much has changed in this critical area of law and practice since our Native Title Year in Review 2015, most notably the increased role that First Nations communities rightfully play in relation to land use on their country. Commonwealth and state laws, together with government policy, societal expectations and the demands of achieving and maintaining social licence, are constantly changing.
Looking at the emerging trends or challenges, what do you think will shape native title, cultural heritage, and land rights over the next decade?
The next few years will see some important decisions regarding the calculation of native title compensation, which will impact the federal and state governments, as well as proponents, as they negotiate agreements with First Nations groups. We are also likely to see continued growth in the role that First Nations groups play in project development around Australia. Legislative reform in the cultural heritage space is also expected, along with possible amendments to the Native Title Act.
Our national Planning, Environment and First Nations team are looking forward to working with our commercial, government and First Nations clients to find practical and respectful solutions addressing native title and cultural heritage matters on projects in Australia. In particular, we are keen to play our role in the world's energy transition. We are so grateful for the support and collegiality of our clients, colleagues and friends across the sector, with whom we get to work on exciting projects, developments and transactions.
Happy reading!
Native Title Year in Review 2024-2025
