Native Title

Experts in native title law

To gain timely access to land and approval to use it, the consideration of native title, Aboriginal land and Indigenous heritage issues is essential.

Our lawyers can assist you to develop sound native title strategies for projects, both large and small. The team is solutions-focussed, strategic, commercial and has strong relationships with traditional owners and all levels of industry and government.

These specialists form part of a fully integrated front-end approvals practice. This means that you can access specialist native title lawyers who work hand-in-hand with our experts in: environment and planning; mining, petroleum and infrastructure approvals; real estate; and land tenure. The result is comprehensive and coordinated land access and approvals solutions for your projects. Our legal advice covers the full suite of native title services:

  • approvals solutions
  • due diligence
  • Indigenous heritage issues
  • negotiation of agreements with traditional owners
  • litigation representation in courts and tribunals (including representation in native title claims).

Extensive experience

The team is renowned for its ability to assist government, blue-chip, native title parties, private and public clients in the development of native title strategies for projects of varying sizes and scales of complexity within the infrastructure, mining / resources, real estate, telecommunications, construction and rail sectors.

Our experience in this area includes:

  • ASX-Listed Telco: on all their native title, Aboriginal land and Indigenous cultural heritage requirements for approximately 100 native title compensation claims across Australia and in the Federal Court, as well as advising on native title future acts for the installation of telecommunications facilities in various jurisdictions and proposed legislative reforms.
  • ASX-Listed Blue Chip Mining Company: on business-critical native title and heritage matters relating to its West Australian Iron Ore operations. This extends across implementation of comprehensive agreements, review of those agreements, heritage issues, social value commitments and governance, benefits management structures, native title compensation, Indigenous heritage law reform and native title law reform. 
  • Epuron: on all of its native title, cultural heritage, environment, planning and real estate legal needs, negotiating Indigenous land use agreements and cultural heritage management with the native title parties for its Lotus Creek Wind Farm (Qld), Specimen Hill Wind Farm (Qld), Chalumbin Wind Farm (Qld) and Burrendong Wind Farm (NSW).

Industry recognition

  • Band 1 Native Title – Chambers Asia-Pacific
  • Tier 2 Native Title – Legal 500

TESTIMONIAL

Provides strategic advice, on a national basis, to blue-chip clients in the energy and natural resources and infrastructure sectors. Handles the full range of native title issues including Aboriginal land and cultural heritage agreements and their implementation, benefit management structures and compensation. Highly experienced in assisting with native title and cultural heritage matters associated with large-scale projects, and frequently instructed by federal and state government entities on a range of Aboriginal land issues. Further noted for integrating multidisciplinary advice on native title and environmental concerns, access agreements and approvals for resources and infrastructure projects as well as tenure protection in claim determinations and heritage reforms.

Commentary from Chambers Asia Pacific Directory

King & Wood Mallesons acts as a regular and trusted advisor to blue-chip corporates in the mining, resources, and energy sectors, supporting clients with native title strategies and claims, front-end land access and permissions issues, and in litigation. The team also acts for some traditional owner groups in negotiations with proponents, treaty negotiations, and on governance matters.

Commentary from Legal 500 Directory

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