Native Title and Cultural Heritage Intensive
WEB213V16: Hear from a Member of the National Native Title Tribunal and other leading experts across the spectrum of native title and cultural heritage practice as they explore the current state of legislative reform and practice plus current cultural heritage issues. Examine native title claims and disputes and compensation applications. Don’t miss this half-day examination of the very latest issues that are truly essential to anyone whose work touches on native title.
Description
Attend and earn 4 CPD Units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Adam McLean, Barrister, Foley’s List
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Insights from the National Native Title Tribunal
Presented by Nerida Cooley, Member, National Native Title Tribunal
9.50am to 10.35am Moving on with Native Title
- The state of recent and proposed amendments to the Native Title Act 1993 (Cth)
- The end of an era: transitioning from native title claims to compensation claims
- Emerging future acts jurisprudence
Presented by David Yarrow, Barrister, List G Barristers; Preeminent Native Title Junior Counsel, Doyle’s Guide 2020
10.35am to 10.50am Morning Tea
10.50am to 11.35am Native Title Compensation: Where are we Now?
Take a specific look at how Governments can and do pass on the liability to pay compensation for particular future acts to third parties including:
- The Western Australia Mining Act 1978,(WA) which provides that if compensation for native title is payable in respect of the grant of a mining tenement, the holder of the tenement at the time of the determination of compensation, is made liable to pay the compensation: s.125A
- Mining Act, 1992 (NSW); s.281B. This raises questions of how compensation is to be calculated for a future act, such as the grant of a mining tenement which will only suppress rather than extinguish, native title but which may cause enormous anguish and loss to the native title holders
- Timber Creek: native title was extinguished by past acts and the areas of land involved were relatively small. Mining activities take place over very much larger areas of land than the blocks that were an issue in Timber Creek
Presented by Vance Hughston SC, Sixth Floor Windeyer Chambers; Market Leading Native Title Senior Counsel, Doyle’s Guide 2020
11.35am to 12.20pm Forging Innovative Solutions to Tricky Native Title Claims and Disputes
- Partnering with other agencies and stakeholders to work more effectively with Traditional Owner groups
- Changing the power dynamics between native title service providers and our Traditional Owner clients
- Engaging young people in the native title process
Presented by Tony Kelly, Chief Executive Officer, First Nations Legal and Research Services
12.20pm to 1.05pm Aboriginal Cultural Heritage
- Examination of the Environment Protection and Biodiversity Conservation Act reform process with respect to Indigenous knowledge
- Outcomes of the Senate Inquiry into the destruction of 46,000 year old caves at the Juukan Gorge in the Pilbara region of Western Australia
- Responses to the Senate Inquiry across Government, corporate-sector, and Indigenous groups
Presented by Clare Lawrence, Partner and Libby McKillop, Senior Associate, Ashurst
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Presenters
Adam McLean
Adam McLean is an experienced barrister, mediator and facilitator who has been practicing in the areas of native title and related matters for nearly 30 years. Adam was the lead lawyer on behalf of traditional owners in a number of significant native title matters and agreements including a number of firsts: the first ILUA, the first native title claim under the NTA, the first native title ILUA regarding a national park, and the first mining agreement under the NTA where traditional owners secured equity in the mining company.
Nerida Cooley
Nerida Cooley commenced appointment as a Member of the National Native Title Tribunal in February 2019. She has practised in native title and cultural heritage law since 1995, working both in private practice and for government.
David Yarrow
David Yarrow is a member of the Victoria Bar
Vance Hughston SC
Vance Hughston SC came to the NSW Bar in 1982. And was appointed Senior Counsel in 2001. His areas of practice include appellate, commercial, common law, equity, native title, property and public law. Mr Hughston has practised extensively as a trial lawyer both in native title and in non-native title matters. He has also maintained a significant appellate practice that has seen him arguing many cases before the Full Federal Court, the NSW Court of Appeal, the Full Court of the Supreme Court of South Australia and the High Court.
Tony Kelly
Tony has nearly four decades experience working with First Nations people across the country, including the last 10 years working as a native title lawyer and now CEO of a Native Title Service Provider. Previously Tony worked as Park Ranger at Kakadu and Nitmiluk (Katherine Gorge) National Parks and for two decades in community development and social work, with a focus on disadvantaged young people.
In 2015 and 2016 Tony lived in Mount Isa where he, along with his wife Rebecca, cared for his mother-in-law during the final years of her life. Tony and Rebecca’s experiences of this time are the subject of their co-authored memoir, Growing Pineapples in the Outback.
Clare Lawrence
Clare Lawrence is a partner in Ashurst's Melbourne office and specialises in indigenous land law. Her work in this area encompasses native title, indigenous cultural heritage and the State and Territory based land rights schemes. Clare works in each State and Territory, acting for clients in native title litigation, and in relation to land access for mining and infrastructure projects. In her native title claim work, Clare has represented clients in both litigated and consent determinations of native title, including settlements recorded in indigenous land use agreements. Clare's litigation skills are also called upon to assist clients respond to native title based challenges to project approvals.
Libby McKillop
Libby McKillop is senior associate is Ashurst's resources team in Brisbane. She specialises in the areas of mining law, native title, land access and acquisition, tenure and cultural heritage issues for major resources, energy and infrastructure projects. Libby has experience in securing project approvals, negotiating native title and cultural heritage agreements, and native title claim proceedings in the Federal Court. Libby also advises clients in relation to native title processes for the grant of tenure and stakeholder issues associated with mine closure and rehabilitation.