Native Title, Heritage and Agreements

We are a preeminent team in Native Title, one of the few to advise all parties including title holders, claimants, private sector proponents and governments.

How we can help

Native title in Australia is changing. G+T are at the forefront of those changes.

Our native title practice is exceptionally strong, built on deep understanding and strong relationships with native title groups. Our solutions-oriented team acts for all stakeholders in the space. This means we have a unique understanding of the issues each interest group faces, and can advise our clients on how to work within that to achieve results.

We assist with the internal governance of native title trusts and Indigenous organisations, managing liability under native title agreements in complex situations, and addressing Aboriginal heritage issues and statutory entitlements related to native title. Our team's breadth of expertise makes us trusted advisers to both proponents and native title holders, as well as government.

Our unique position allows us to help clients navigate the complex landscape of native title and heritage law. We help ensure compliance, mitigate risks, and foster positive relationships with Indigenous communities.

Whether you need assistance with agreements, regulatory compliance, or dispute resolution, our dedicated team provides practical, effective solutions tailored to your unique circumstances.

Services

We can guide you through future acts, securing FPIC, enforcing native title rights, managing trust governance, addressing liabilities and Aboriginal heritage decisions.

Aboriginal culture and heritage law

We advise on proponents, native title holders and government on heritage legislation.

Indigenous economic development

We advise indigenous organisations on business ventures, partnerships, funding and sustainable growth initiatives.

Indigenous Land Use Agreements and Native Title Agreements

We offer advice on the negotiation, implementation and management of Indigenous Land Use Agreements (ILUAs) and Native Title Agreements.

Native title approvals

We assist clients with obtaining native title approvals and managing land access issues, including navigating Future Acts procedures.

Native title litigation and disputes

We provide representation in native title litigation and disputes, including compensation issues.

Native Title, Heritage, and Agreements experience

Greatland

On Aboriginal Heritage in relation to the Ernest Giles Project.

NTS Corp

On Aboriginal Cultural Heritage legislative reform in NSW.

Yued Aboriginal Corporation

On governance and its rights and obligations arising under the Yued ILUA and associated documents as well as the drafting and negotiation of bespoke Yued heritage agreements with proponents.

Sandfire

On an independent detailed investigation and written report to identify issues and recommendations arising from the disturbance of two artefact scatters at the Monty Mine on Yugunga-Nya Country.

Wesfarmers Group

On a suite of heritage protection agreements across Western Australia with several different traditional owner groups.

Mincor

On native title and aboriginal cultural heritage strategy and negotiation and drafting heritage protection agreements with traditional owners.

ACEN

On the negotiation of its landmark partnership with the Yindjibarndi Aboriginal Corporation for the development, ownership and operation of over $1 billion of large-scale renewable energy projects.

Yamatji Marlpa Aboriginal Corporation

On issues of privilege arising out of native title determination proceedings.

Yued Aboriginal Corporation

On governance, the introduction and repeal of the ACHA, and drafting and negotiating a bespoke Yued heritage agreement with proponents.

The Australian Government

On the strategic review and possible sale of the iconic Ayers Rock Resort.

Perpetual Trustee Company Limited as Trustee of the Noongar Boodja Trust

On the rateability of land held by the Trust of a charity that advances the culture, social and public welfare of Aboriginal and Torres Strait Islander people, specifically the Noongar People.

Murujuga Aboriginal Corporation

On its Statement of Intent with government and industry to establish principles to guide negotiations on the Burrup Peninsula (Murujuga Cultural Landscape).

Metals X ‘nifty’

As the proponents on the negotiation of an ILUA with the Martu people in respect of the Nifty Mine.

Covalent Lithium

On native title and Aboriginal cultural heritage matters arising from the recently opened Mt Holland Project.

Nanda Aboriginal Corporation

On its ILUA negotiations with various proponents and trust structures.

South-West Aboriginal Land and Sea Corporation

On the Noongar South West Native Title Settlement’s first ILUA review.

Yued Aboriginal Corporation

In governance and its rights and obligations arising under the Yued ILUA and associated documents.

Kimberley Lands Council

On the operation of compensation agreements for traditional owners.

The Western Australian Department of State Development

On native title and environmental approvals issues for the James Price Point development.

Tivan

On native title and Aboriginal Cultural Heritage matters arising from the Speewah Project, which is not subject to any native title applications or determinations.

Mineral Resources

On native title and Aboriginal cultural heritage matters for various projects.

Ora Banda

On native title and Aboriginal cultural heritage matters arising from Ora Banda’s operations in the Goldfields of Western Australia. 

Newcrest Mining

On applications for exemption and native title tenure issues in relation to tenements in Western Australia.

Doray Minerals

On native title, heritage agreement, and environmental approvals issues for the Deflector Gold Copper Project.

Significant native title determination matters

Including Ward v WA, Wongatha and the Single Noongar claim.

CITIC and Sino Iron

On a claim by Wilfred Hicks on behalf of Wong-Goo-Tt-oo People in the Federal Court.

Onslow salt

In a dispute in the Federal Court of Australia in relation to tortious interference with native title rights and interests and trespass in respect of native title rights.

AngloGold Ashanti Australia

On proceedings in the Federal Court of Australia involving questions of native title.

Beach Energy, Greatland, Pantoro and Covalent

As respondents to a native title determination application on behalf of the Gunditjmara and Eastern Maar peoples for a declaration of their asserted native title interests.

Australian Executor Trustees Limited

As trustee for the Banjima Benefits Management Structure, which includes multiple charitable and direct benefit trusts entwined with ILUA’s for major mining operations in the Pilbara.

Testimonials

Client first thinking

Gilbert & Tobin’s Native Title team provides solutions to problems. The team has good knowledge and analyses the requirements and relationships to come up with innovative suggestions on solving problems.

The Legal 500 Asia Pacific 2024

The team is noted for its considerable experience in the mining and minerals sector. It also frequently acts for large natural resources companies.

Chambers Asia-Pacific 2024
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Key contacts

People who perform

Upholding standards, pushing boundaries

Marshall McKenna

Partner
Perth

Michael Blakiston

Partner
Perth

Claire Boyd

Partner
Perth

Michelle Hannon

Partner
Sydney