MacDonnells Law has been providing high level legal advice and practical solutions on native title, Aboriginal cultural heritage and land access matters since the Mabo Decision in 1992.
Our lawyers are appointed to the Commonwealth Attorney-General's Panel of Specialist Native Title Practitioners and our clients include local governments, pastoralists, energy and mining companies, infrastructure developers, tourism operators, financiers, land owners and property developers.
The Native Title and Cultural Heritage practice group offers a full service in the areas of native title and Aboriginal cultural heritage with expertise in the following specialised areas:
Negotiation with Traditional Owners
Our lawyers regularly travel across the State to negotiate agreements directly with native title claimants.
The large number of matters in which we are acting for project proponents and our extensive coverage of the State gives us a thorough knowledge of native title claims and has enabled us to establish good working relationships with representative bodies and traditional owner groups. We use this knowledge to assist our private and public sector clients to facilitate dealings with traditional owners and to expedite the conclusion of ILUAs and cultural heritage agreements.
Federal Court Litigation and Mediation
MacDonnells Law has acted for or advised respondent parties in relation to most of the previous and current native title applications in Queensland. We have been involved in almost all of the consent determinations to date, including the recent consent determinations to recognise native title held by the Girramay People and the Combined Dulabed & Malanbarra Yidinji People.
Energy, Resources and Infrastructure Projects
Our Native Title and Cultural Heritage Team has assisted and advised on a range of energy, resource and infrastructure approval processes which incorporate native title, Aboriginal cultural heritage and other legislative and policy approval requirements. Projects we have assisted include:
• The new Arrow Energy pipeline linking CSM fields in the Surat Basin to proposed LNG facilities in Gladstone. This work has involved comprehensive negotiation of ILUAs with five different native title groups to secure the pipeline route;
• Gladstone Regional Council in relation to land access considerations for the expansion of the Gladstone Airport;
• Advising on a process to conclude a State Agreement for infrastructure projects;
• Negotiating and concluding Aboriginal cultural heritage agreements for Uranium exploration;
• Native title matters relating to the 800km Ballera to Mt Isa pipeline, the Century Zinc Mine and slurry pipeline, the Millmerran Power Station and coal mine, Dalrymple Bay Coal Terminal (DBCT) and numerous exploration and mining ventures;
• Advising on Aboriginal cultural heritage issues for the design and construction of a fibre optic cable network from Townsville to Mt Isa.
Land Tenure
MacDonnells Law advises on the complex State approval processes to develop land or 'upgrade tenure' in Queensland. We have assisted in, and advised on:
• The conversion of State forests into freehold tenure which involves considering any extinguishment of native title in the subject area and preparing supporting submissions to the various Departments;
• Compulsory acquisition and surrender of native title over State land to allow for town expansions and development;
• Upgrading of land tenure into, for instance, term leases and special leases which requires the resolution of native title matters; and
• Asset management of infrastructure that is located on complex land tenure such as Deed of Grants in Trust (DOGIT), Aboriginal reserves and Aboriginal land which may require agreements with local authorities, trustees and native title parties.
Innovation
We take an innovative approach to native title issues.
In 2006 MacDonnells Law, in conjunction with the Local Government Authority of Queensland (LGAQ) represented 16 Councils in the negotiation with three claim groups of a template Local Government ILUA. The ILUA was cited by the Commonwealth Human Rights Commission in its 2007 Native Title Report to the Commonwealth Parliament as an example of "national best practice" native title agreement making.
The template Local Government ILUA is now being used by most Councils in Queensland and offers a "one stop shop approach" to addressing native title, land access and future infrastructure compliance matters.
We have successfully concluded many ILUAs on behalf of respondent parties to native title claims. Those ILUAs have been the basis for a successful ongoing relationship between the parties.
Aboriginal Cultural Heritage
MacDonnells Law regularly advises on discrete matters arising out of the Aboriginal Cultural Heritage Act, 2003, including:
• Terms of Reference agreements for Aboriginal site surveys;
• duty of care requirements;
• Cultural Heritage Management Plans (CHMP); and
• Criminal prosecutions for breaches of the Aboriginal Cultural Heritage Act, 2003.
