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Allens Arthur Robinson

Native Title

Native title has been on the Australian legal landscape for almost a decade, generating many practical and legal issues for the exploration, production and infrastructure sectors of the mineral, oil and gas industries, as well as for financiers, pastoralists, governments and indigenous communities.

We offer specialist expertise on crucial aspects such as security of title, legal interpretation of the native title legislation, negotiation with indigenous communities, disclosure requirements and compensation liability.  We can also monitor native title proceedings for clients.

We have been involved from the early days of the legislation, seeking outcomes that create certainty for our clients. We work with you to formulate positive strategies and can negotiate on your behalf to achieve commercially viable arrangements rather than drawn-out court proceedings. Alternatively, we can oversee litigation.

Members of our pre-eminent team make it their business to stay abreast of developments in native title legislation and case-law.

Experience you can count on

Key players in the various industries seek our advice to find solutions to native title issues, including commercial agreements with indigenous communities.

We have advised government and non-government clients on the validity of titles, native title and cultural heritage laws generally, the application of native title laws to various situations (particularly different types of future acts) and drafting and negotiation indigenous land-use agreements.

Our experienced team includes some of the leading legal authorities in the field. We were involved with the landmark Wik litigation and continue to advise on many of Australia's most significant native title matters. Team members have contributed to numerous publications on native title, such as the definitive text Commercial Implications of Native Title co-authored by Consultant Bryan Horrigan and Simon Young.

Together with members of our pre-eminent resources, commercial litigation and environment groups, we provide a complete legal service for clients.

Formulating positive strategies

We work with our clients to formulate positive long-term strategies to native title issues. For example, we provided a successful advisory service to Hamersley Iron's Aboriginal Training and Liaison Development Group in the West Australian Pilbara region. The work saw the creation of a group training scheme for Aboriginal people.

We are also advising the NSW Minerals Council on the development of a low-impact exploration access agreement with the NSW Aboriginal Land Council.