Allens: Focus: Native Title - 11 October 2001
The backlog of exploration permits in Queensland could soon start clearing with the release of the State-wide Model Indigenous Land Use Agreement, negotiated between the State Government and the...
View ArticleAllens: Focus: Native Title - 17 September 2002
The Queensland Government has released consultation drafts of proposed Bills to protect Aboriginal and Torres Strait Islander cultural heritage. As AAR Senior Associate Ben Zillmann and Lawyer Cathy...
View ArticleAllens: Client Update: Native Title - 12 December 2002
The High Court of Australia today handed down another important ruling on native title. The Yorta Yorta decision, which involved a claim centred around the Murray River region in Victoria and New South...
View ArticleAllens: Focus: Native Title - 03 January 2003
The Yorta Yorta decision points to the High Court taking a more literal interpretation of native title legislation and as such, may mean future claimants will have to place greater emphasis on proving...
View ArticleAllens: Focus: Native Title - 03 March 2003
As a result of legislation introduced in the Queensland Parliament on 25 February this year, Queensland's native title 'Alternate State Provisions' for mining tenements will be replaced by the...
View ArticleAllens: Focus: Native Title - 23 June 2003
The Queensland Government is attempting to re-invigorate mineral exploration in the State by approaching native title issues in a different manner. Senior Associate Ben Zillmann and Lawyer Rochelle...
View ArticleAllens: Focus: Native Title - 27 June 2003
In a landmark decision, the Queensland Land and Resources Tribunal has recommended the grant of mining leases in Queensland in the face of native title opposition, and in doing so has provided useful...
View ArticleAllens: Focus: Native Title - 22 August 2003
At a time when cultural heritage issues are occupying the front page of newspapers in the State, the Queensland Government has finally acted to overhaul Queensland's current cultural heritage...
View ArticleAllens: Focus: Native Title - 27 October 2003
When assessing the impact of native title on a proposed new project, an important first step will always be an assessment of whether or not native title has been extinguished over the area in question....
View ArticleAllens: Client Update: Native Title - 05 November 2003
The Queensland Government recently passed two new Acts that will replace the current cultural heritage legislation in Queensland and will provide a more prescriptive regime for managing and protecting...
View ArticleAllens: Focus: Native Title - 06 January 2004
The Federal Court was active in December 2003 handing down decisions in four native title cases. One of these decisions marks the end of one of the most important cases dealing with the extinguishment...
View ArticleAllens: Focus: Native Title - 02 April 2004
The Federal Court has determined that native title rights exist over waters in the Gulf of Carpentaria, off the North West Queensland coast. However, in its judgment delivered last week (23 March...
View ArticleAllens: Focus: Native Title - 21 April 2004
The Queensland Government's new regime to protect indigenous cultural heritage began on 16 April 2004. The commencement of the Aboriginal Cultural Heritage Act 2003 and the Torres Strait Islander...
View ArticleAllens: Focus: Native Title - 07 February 2005
The WA Government signed two native title settlement agreements in late December 2004, representing the 'length and breadth' of native title settlements in the state. While in Queensland, more Torres...
View ArticleAllens: Focus: Native Title - 06 May 2005
The Queensland Government recently released its Cultural Heritage Management Plan Guidelines under the Aboriginal Cultural Heritage Act 2003 (Qld). The Guidelines provide some useful guidance as to...
View ArticleAllens: Focus: Native Title - 05 September 2005
Senior Associate Robyn Glindemann and Lawyers Kate Barrett and Penny Creswell look at some of the issues raised in four recent decisions relating to native title
View ArticleAllens: Focus: Aboriginal Cultural Heritage - 21 November 2005
On 18 October, the Victorian Government released the exposure draft of the Aboriginal Heritage Bill which aims to strengthen the protection of Aboriginal cultural heritage in Victoria. Senior...
View ArticleAllens: Focus: Native Title - 15 December 2005
A package of measures designed to improve the performance of the native title system established under the Native Title Act was released by the Federal Government on 7 September. This package is aimed...
View ArticleAllens: Focus: Native Title - 21 December 2005
Native title has been recognised for the first time in Victoria, with a consent determination over parts of western Victoria made by the Federal Court on 13 December 2005. Senior Associate Julie...
View ArticleAllens: Focus: Native Title - 07 February 2006
In its first decision on cultural heritage management plans, the Queensland Land and Resources Tribunal demonstrated that it will recommend approval of a plan considered fair and reasonable in the...
View ArticleAllens: Focus: Native Title - 01 May 2006
Senior Associate Robyn Glindemann, Lawyer Penny Creswell and Law Graduate Melanie Jasper review the latest native title decisions handed down by the Federal Court
View ArticleAllens: Focus: Native Title - 20 September 2006
On 19 September 2006 Justice Wilcox of the Federal Court handed down the first determination of native title in a major capital city. Senior Associates Robyn Glindemann and Kate Barrett examine the key...
View ArticleAllens: Client Update: Native Title - 07 February 2007
The decision in the Wongatha native title claim was expected to clarify the native title position for all who live and work in the WA goldfields region. However, following the Federal Court's decision,...
View ArticleAllens: Focus: Aboriginal Cultural Heritage - 08 May 2007
On 28 May 2007, a new system of Aboriginal heritage protection in Victoria will come into force. Cultural heritage management plans are a significant feature of the new regime, with draft regulations...
View ArticleAllens: Focus: Native Title - 10 May 2007
The Native Title Amendment Act 2007 (Cth) has come into effect to increase flexibility and certainty in the native title system. The amendments encourage the parties to resolve claims through agreement...
View ArticleAllens: Focus: Resources - 04 September 2007
New legislation just passed by the Queensland Government effectively abolishes the Land & Resources Tribunal and confers its existing jurisdiction on the Land Court. Partner Ben Zillmann, Senior...
View ArticleAllens: Focus: Native Title - 05 August 2008
One of the Federal Government's 2007 election promises was to create a new national Indigenous representative body to replace the Aboriginal and Torres Strait Islander Commission, which was disbanded...
View ArticleAllens: Focus: Native Title - 13 January 2009
As part of its commitment to 'close the gap' between Indigenous and non-Indigenous Australians, the Federal Government is seeking ways to improve the delivery of benefits to traditional owners from...
View ArticleAllens: Focus: Recent native title developments - 20 July 2009
Partner Tony Wassaf, Senior Associate Emily Gerrard and Law Graduate Joseph Freeman look at some of the key cases decided in recent months and new developments in native title settlement that are of...
View ArticleAllens: Client Update: Federal Indigenous cultural heritage reform - 02...
Australia currently has a duel system for protecting Indigenous cultural heritage - each state and territory has legislation to protect cultural heritage (to varying degrees), and a federal regime also...
View ArticleAllens: Client Update: Indigenous cultural heritage legislation under review...
In 2004, the Queensland Government introduced legislation that produced sweeping changes to the regulation of the protection of Indigenous cultural heritage in the State. That legislation is now under...
View ArticleAllens: Focus: Successful Kimberley native title appeal - 14 April 2010
The Full Court of the Federal Court of Australia recently handed down its decision in an important native title appeal, relating to land and waters in the Kimberley region of Western Australia. Senior...
View ArticleAllens: Focus: Significant reforms proposed for native title agreements - 13...
The Federal Government has just released a Discussion Paper outlining a number of measures which, if implemented, would make some significant changes to the negotiation, content, administration and...
View ArticleAllens: Focus: New Victorian 'Aboriginal title' and negotiation regime - 20...
New Victorian legislation enables the granting of a new 'Aboriginal title' and the creation of a state-based negotiation regime for conducting activities on public land. Senior Associate Emily Gerrard...
View ArticleAllens: Client Update: New approach to stalled mining applications in WA - 04...
A new approach by the Western Australian Department of Mines and Petroleum may have a significant impact on stalled exploration and mining tenement applications. Partner Marshall McKenna, Lawyer Joe...
View ArticleAllens: Focus: Federal Court dismisses Widji native title claim - 17 August 2012
A long-standing claim for native title made by the Widji people over prospective mining land surrounding Kalgoorlie has been dismissed by the Federal Court because of concerns over the identity of the...
View ArticleAllens: Focus: Significant changes proposed to native title legislation - 16...
Significant native title reforms largely focus on further encouraging the agreement-making processes to obtain native title holders' consent for projects/developments, through changes to the 'right to...
View ArticleFocus: Native Title
The High Court decision on native title over coastal waters off Croker Island in the Northern Territory has implications for more than 100 additional claims lodged across Australia, says Partner David...
View ArticleFocus: Native Title
The Federal Court has ruled that Queensland's 'alternate' native title laws in respect of mining are partially invalid. The decision promises to introduce a further period of uncertainty and inaction...
View ArticleFocus: Native Title
Since the High Court handed down its decision in Mabo, participants in the native title debate have looked at developments in aboriginal law in other countries for guidance
View ArticleClient Update: Native Title
The High Court today handed down its decision in two significant native title cases: Western Australia v Ward [2002] HCA 28 and Wilson v Anderson [2002] HCA 29
View ArticleFocus: Native Title
Two important decisions were handed down by the High Court of Australia on 8 August 2002 - WA v Ward and Wilson v Anderson. Partner Tony Wassaf assesses their implications and says there is now more...
View ArticleVideo: Native Title Act purpose-built for Australia
Special Counsel Robyn Glindemann discusses how Australia's native title laws compare with other countries and why so many claims are yet to be resolved.
View ArticleVideo: Revisiting Mabo: 20 years on
This year marks the 20th anniversary of the High Court of Australia's landmark Mabo decision. Partner Marshall McKenna speaks to BRR Media about the decision and the impact it has had.
View ArticleFocus: Clearer waters - commercial native title fishing rights
The High Court of Australia has confirmed the recognition of a native title right to take fish for commercial purposes in the waters of the Torres Strait. Partner Marshall McKenna, Senior Associate...
View ArticleClient Update: First compensation award for extinguishing of native title...
The Federal Court has handed down the first ever award of compensation for the extinguishment of native title rights and interests. Unfortunately, however, the amount of compensation, and method of...
View ArticleFocus: New traditional owner negotiation requirements for central Victoria
The Dja Dja Wurrung Land Use Activity Agreement has commenced operation, creating a new negotiation framework for activities on public land in central Victoria. Partner Chris Schulz and Senior...
View ArticleClient Update: High Court rules mining leases and native title can co-exist
Yesterday, the High Court ruled that certain mining leases in Western Australia did not extinguish all native title rights, but rather the mining rights and native title rights co-exist. In doing so,...
View ArticleFocus: South West settlement agreed to in principle
The West Australian Government and the South West Aboriginal Land and Sea Council have come to an in-principle agreement in relation to a collective native title claim of the Noongar people. The 'South...
View ArticleClient Update: Court determines Native Title compensation for the first time
Yesterday afternoon, the Federal Court handed down a decision which, for the first time, provided judicial consideration of how to calculate native title compensation. A decision on this issue has been...
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