Native Title and Cultural Heritage

McCullough Robertson has a dedicated group experienced in advising on all issues related to native title and cultural heritage. Increasingly, native title and cultural heritage have become blended as issues. Whether or not native title exists, all projects must address cultural heritage as an issue. We understand the requirements of infrastructure and mining projects, to deliver appropriate, commercial and cost-effective services.

McCullough Robertson has extensive hands-on experience communicating and negotiating with Indigenous communities. Their extensive knowledge and specialist expertise assists in providing proactive legal advice and risk management strategies.

Native title

McCullough Robertson has a highly experienced Native Title Group that advises and negotiates on behalf of various clients with respect to native title issues. Our lawyers areas of expertise include negotiating, drafting and advising on Indigenous Land Use Agreements, Right to Negotiate Agreements and preparing advice for clients with respect to specific native title issues, in particular with a focus on matters relating to future acts, land access and mining and infrastructure projects.

Cultural heritage

In Queensland, the primary mechanisms for the management and protection of cultural heritage are the Aboriginal Cultural Heritage Act 2003 (Qld) (ACH Act) and the Torres Strait Islander Cultural Heritage Act 2003 (Qld) (TSICH Act). All companies intending to access land to develop infrastructure or mining projects, or carry out any acts that may disturb or harm cultural heritage, will need to comply with the relevant cultural heritage legislation and ensure that they have complied with their duty of care.

Our lawyers have experience providing expert legal advice to mining companies, infrastructure providers and private developers with respect to their obligations under both the ACH Act and the TSICH Act and have negotiated and prepared relevant cultural heritage management plans, agreements, other material documentation and strategic advice to ensure this duty of care is met.