Native Title & Indigenous Cultural Heritage

• representing respondent parties to the majority of native title proceedings in the Federal Court in Queensland
• providing technical and strategic advice on how best to protect and preserve a party’s interests in native title proceedings
• appearing in the Federal Court, at case management conferences, mediations and in private negotiations 
• negotiating the terms of more than 50 consent determinations, indigenous land use agreements and land access agreements as part of the resolution of parties’ interests in native title claims
• commencing non-claimant applications in the Federal Court, where appropriate
• representing parties in contested native title hearings.

• providing native title due diligence and assessment advice to public and private entities for infrastructure projects and the acquisition and development of land
• negotiating indigenous land use agreements for the construction of public and private sector infrastructure and development with Traditional Owners, the State of Queensland and other parties, including over townships to facilitate development in accordance with local planning instruments and regional plans
• advice upon and the preparation of future act notices under the Native Title Act 1993 for the validation of activities that affect native title
• undertaking and providing advice on tenure history analysis to ascertain whether native title exists or has been extinguished by tenure grants or the constructions of public works
• making submissions to the State in relation to the native title implications of the offers of tenure grants
• assisting public entities to compulsorily acquire native title to facilitate projects, where appropriate
• assisting landowners and purchasers to address the native title implications to freehold State land
• advice on the native title implications of changing tenures including upgrading pastoral holdings, the dedication of public reserves and the grant of leases
• facilitating training of management and staff on native title legal compliance requirements.

Holding Redlich assists both government entities and private developers to meet with their duty of care to protect Aboriginal cultural heritage in the construction of public and private infrastructure. Our legal team has extensive experience in assisting proponents to address the requirements of the Aboriginal Cultural Heritage Act 2003 (Qld) and the Torres Strait Islander Cultural Heritage Act 2003 (Qld) including negotiating agreements and cultural heritage management plans where required.

• providing advice to public and private proponents of activities and development in relation to addressing the duty of care under the Aboriginal Cultural Heritage Act 2003(Qld) and Torres Strait Islander Cultural Heritage Act 2003 (Qld)
• drafting and negotiating Aboriginal cultural heritage management plans and agreements
• advice in relation to potential or threatened Aboriginal cultural heritage proceedings
• representing parties in the Land Court
• training of staff and contractors on Aboriginal cultural heritage legal compliance requirements. 

Holding Redlich regularly advises on the implications of land dealings and tenure grants under various relevant indigenous land legislation including the Aboriginal Land Act 1991 (Qld), Torres Strait Islander Land Act 1991(Qld), Aboriginal and Torres Strait Islander Land Holding Act 2013 (Qld) and the Aboriginal and Torres Strait Islander (Justice, Land and Other Matters) Act 1984 (Qld) and the native title provisions of the Crown Land Management Act 2016 (NSW).

We represent Aboriginal and Torres Strait Islander local governments who hold land in trust for the benefit of their indigenous inhabitants and have had extensive experience in providing advice on land dealings and drafting tenure instruments including leases, transfers, permits and easements over indigenous land. 

This includes:

• advice on the powers and responsibilities of trustees of reserve land and the transferability of trust land
• drafting and providing advice on the grant of Aboriginal freehold and home ownership leases under the Aboriginal Land Act 1991, social housing leases under the Housing Act 2003, trustee leases, trustee permits, easements and licenses under the Land Act 1994 and the grant of “Katter” leases under the Aboriginal and Torres Strait Islander Landholding Act 2013
• negotiating and drafting leases to business and commercial entities in indigenous communities including addressing the native title implications of grant and compensation entitlements
• successfully representing the applicants in the Land Court and Supreme Court proceedings which resulted in the first grant of home ownership leases under the Aboriginal and Torres Strait Islander Land Holding Act 2013 (Qld) ( Katter Leases) and which paved the way for the grant of a further 230 leases to Aboriginal and Torres Strait Islander home owners in Queensland.