Native Title Law and Cultural Heritage Update
Issues covered include: National Native Title Tribunal, Timber Creek, Native Title Compensations, Intra-Indigenous Disputes, overlapping claims, Mabo, cultural heritage law roundup
Description
Native title and cultural heritage issues are high on the agenda of many sectors, including mining, resources, agriculture, infrastructure and more. Hear from the Native Title Tribunal and leading experts from across the spectrum of native title practice. Don’t miss this half-day examination of the very latest issues that are truly essential to anyone whose work touches on native title or cultural heritage issues.
Attend and earn 4 CPD units including:
1 unit in Professional Skills
3 units in Legal Knowledge
This seminar was recorded in QLD on 12 June 2019
Chair: Ken Barlow QC, North Quarter Lane Chambers; Recommended Native Title Senior Counsel, Doyle’s Guide 2019
9.00am to 9.05am Opening Comments by the Chair
Professional Skills
9.05am to 9.50am: Insights from the National Native Title Tribunal
- Explanation of NNTT’s proposed new powers to provide direct assistance on request from RNTBCs and common law holders, including examples of the types of assistance that could be provided
- Overview of current assistance and mediation functions of the NNTT, including recent examples
- New practices and procedures
- Education and training opportunities
Presented by Nerida Cooley, Member, National Native Title Tribunal
9.50am to 10.35am: The Timber Creek High Court Decision: Native Title Compensations Moving Forward
- Current state of the law
- Moving Forward
Presented by Joshua Creamer, Barrister, Griffith Chambers; Leading Native Title Junior Counsel, Doyle’s Guide 2019
10.35am to 10.50am Morning Tea
10.50am to 11.35am: Disputes Within PBCs and Trusts: Intra-indigenous Disputes and Overlapping Claims
- The types of disputes that are emerging with PBCs
- The importance of resolving the dispute in a manner accepted by the native title holding group
- Examples of how traditional land ownership conflict was resolved in the Torres Strait
Presented by Cassie Lang, Senior Solicitor, Marrawah Law; Native Title Rising Star, Doyle’s Guide 2019
11.35am to 12.20pm: Mabo goes Global: International Environmental, Social and Governance Frameworks and ILUA Authorisation Processes
From Brazil to the USA, the world is seeing Indigenous rights diluted in contexts where government and their institutions may already be weak, or the populist care factor is zero. Or both. In this session you will cover:
- the NTA and a framework for ILUA authorisation that has been developed by our community of practitioners
- the World Bank’s new Environmental and Social Standard 7: Indigenous Peoples / Sub-Saharan African Historically Underserved Traditional Local Communities and the requirements for FPIC
- International Finance Institutions (IFIs) and International Development Banks (IDBs) and the approach to financing new projects on indigenous lands
- FPIC due diligence and how ILUA authorisation processes helped me in Honduras
Presented by Margarita Escartin, Managing Director and Lead Consultant, Red Cliff Projects
12.20pm to 1.05pm: Cultural Heritage Law Roundup
- Update on changes to indigenous cultural heritage laws for every Australian jurisdiction
- Identifying trends in indigenous cultural heritage legislation nationally
- Key strategic issues which arise in negotiating cultural heritage agreements and performing cultural heritage surveys
Presented by Jonathan Fulcher, Partner, HopgoodGanim; Leading Native Title Lawyer (Project Proponent Representation), Doyle’s Guide 2019; Best Lawyers 2019, Native Title Law
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Venue
Mercure Brisbane
Level 2, 85-87 North Quay
Brisbane 4000
QLD
Australia