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Native Title and Cultural Heritage

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CPD Hours

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Native Title and Cultural Heritage legislation can best be described as complex. Increasingly, those involved with the planning, construction and management of infrastructure assets are required to understand the legal basis of native title and cultural heritage issues. Effective management of native title and cultural heritage is critical to the timely delivery of infrastructure projects.

This one-day program has been designed to provide attendees with an understanding of native title and cultural heritage compliance requirement’s related to infrastructure projects and land tenure dealings, as well as offering additional strategic learning specific to regional challenges, government policy developments and in-house compliance systems.

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Content

Introduction and Identifying Local Issues

How are public works projects affected?


Distinguishing native title and Indigenous cultural heritage

  • Legal Compliance and native title

  • Legal Compliance and Indigenous cultural heritage

  • What sort of public works projects are affected?

  • Native Title – future acts

  • Cultural Heritage – activities causing harm

Policy Developments

  • Direction of Commonwealth native title policy

  • Township expansion and land release policies

  • Local government ULIA program

  • Strategic “tenure resolution” policy

  • Reconciliation Action Plans

Continuation on Policy Developments

  • Indigenous cultural heritage compliance

  • Detailing the statutory compliance requirements

  • Discussion on compliance options

  • Practical tools for achieving compliance

  • Cultural heritage compliance checklist


Guide to identifying the right Aboriginal Party

  • Guide to searching Cultural Heritage Register and Database

  • Guide to cultural heritage agreements

  • Guide to Cultural Heritage Managements Plans


Native Title compliance

  • Detailing the compliance requirements

  • Discussing the compliance options

  • Practical tools for achieving compliance

  • Native title compliance checklist

  • Guide to Indigenous land use agreements

  • Guide to other future act compliance alternatives

  • Guide to compulsory acquisition of native title

  • Example of a future act notice

Who should attend?

  • Engineering and Technical professionals

  • Planning and Design staff

  • Works Officers

  • Elected members

Summary

At the end of the programs, participants should able to:

  • Identify on a regional and local basis, projects, and operational activities where consideration should be given to satisfying    compliance obligations.

  • Undertake practical risk management and legal compliance steps in relation to those projects and operations.

  • Identify opportunities to work with government agencies and indigenous groups to achieve strategic objectives.

  • Understand how native title compliances must be met in relation to land tenure dealings and strategic projects, such as town expansion, affordable housing, and land release.

Facilitator

Liam is a dedicated native title and cultural heritage specialist with extensive experience advising on native title and cultural heritage issues for some of the largest projects in Australia. His hands-on industry experience is broad, ranging from government to infrastructure providers, resources and renewable energy proponents, property developers, Traditional Owners, and the food and agribusiness industry. Recognised extensively for his work in this area, clients commend Liam’s ability to work with Traditional Owners and proponents alike, helping them navigate through the complex regulatory requirements, identifying key areas of risk, and providing commercial and practical advice that assists with the on-time delivery of projects. Liam understands the need for swift, accurate and commercial advice having previously worked in-house for two large corporates.

As an experienced project approvals lawyer with particular expertise in project development issues, Ben is a strategic adviser on native title and cultural heritage matters, regularly advising on compliance issues and negotiating native title and cultural heritage agreements with various Aboriginal groups. He has experience advising clients in relation to a range of native title and cultural heritage issues, including on some of Queensland’s largest mining, petroleum, renewables and infrastructure projects. His experience across these industries, and on all aspects of project approvals, enables him to give practical and strategic advice to clients.

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