Legal development

Native Title Year in Review 2022-2023

Dry grass on sandy dunes landscape

    Welcome to Ashurst's annual review of native title legal developments.

    We are once again delighted to publish our eighth annual Native Title Year in Review.

    As we drafted our review this year, it became apparent that developments in the non-native title space now make up half our publication. With ESG matters on the priority list across politics, policy and in boardrooms, the momentum for change is significant and gathering steam. Reform across heritage laws, calls for Treaty, FPIC, Constitutional recognition and of course the Voice, are frequent features in the public narrative.

    No new Federal cultural heritage legislation in 2023
    1 July 2023 - WA's new Aboriginal heritage laws have commenced
    Federal focus on the Voice to Parliament, while Treaty and Voice progress continues in the States and Territories
    FPIC's reach expands beyond native title and cultural heritage
    First Nations underwater cultural heritage on the reform agenda
    Joining the national movement - South Australia begins process for cultural heritage law reform
    Tasmania continues to progress towards new Aboriginal cultural heritage protection legislation
    Refusing mining approvals on human rights grounds
    Full Court Tipakalippa decision – stakeholder consultation grows teeth
    Traditional Owners continue to rely on ATSIHP Act in face of slow progress with national cultural heritage reforms
    Full Court makes landmark decision about pre-1975 acts in Gumatj compensation claim
    Native title compensation: we're off to the High Court again!
    Section 47C of the Native Title Act gets first determination – with more on the way
    Recent decision highlights confusion around native title expert evidence
    Small scale miners struggle to satisfy good faith standard in the right to negotiate process
    Santos wins strongly in the National Native Title Tribunal, but Full Federal Court will hear Gomeroi appeal
    When conduct becomes costly – the risk of unreasonable behaviour in native title proceedings
    New South Wales begins implementing Aboriginal Land Rights Act reform
    Essential public purpose: NSW courts raise the bar for the Minister to refuse claims under the Aboriginal Land Rights Act
    Transparency for Adnyamathanha people over trust’s use of native title monies
    Native title appeal decisions to watch out for in 2023-2024


    我们国家多么浅薄团队一直在bob正常玩会被黑吗前面front of these developments. Over the last 12 months, our highlights have included:

    • being recognised as Band 1 in Native Title (Proponents) in Chambers Asia-Pacific, a ranking which we have maintained since 2007. We could not have achieved this recognition without the opportunities and trust our clients place in us; and
    • 继续协助客户浏览b的差距etween current laws and community expectations in relation to Indigenous cultural heritage and FPIC.

    The next twelve months will bring some important native title appeal decisions and further developments across cultural heritage, FPIC, Treaty and Voice.

    We look forward to working with our commercial, government and First Nations clients to find practical and respectful ways to address native title and cultural heritage matters on projects around Australia.

    The articles in this 2022-2023 publication are current as at 30 June 2023.

    We encourage you to contact us if you would like to discuss any aspect of this publication.

    Fast Facts Infographic for Native Title Year in Review 2022

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