Native Title Summit: Exploring Co-Management, Mining, & Legal Trends in Australia

Explore essential legal matters at this advanced-level Native Title event, encompassing the complexities of contemporary issues, practical mediation techniques and insights into the evolving landscape of cultural heritage legal reform. This event also explores the central intersection of co-management and the mining sector. Attend and develop your professional expertise and knowledge in these pivotal areas. 

Tuesday, 5 March 2024
Chair:

Dominic McGann, Partner, McCullough Robertson; Leading Native Title Lawyer, Project Proponent Representation, Doyle’s Guide 2021

Professional Skills
9.00am to 10.00am Native Title Mediation Tips and Tricks: A Multi-Stakeholder Approach

Discuss the tips and tricks for Native Title Mediation with a panel of experts from a number of Native Title stakeholders.

The examination of this multi-stakeholder approach perspective on Native Title mediation will allow you to gain a well-rounded and informed understanding of mediation processes and benefit from diverse expertise and perspectives.

Panellists:

Lisa Eaton, Member, National Native Title Tribunal

Simon Grant, Native Title Registrar (Federal Court)

Tim Wishart, Principle Legal Officer, Queensland South Native Title Services

10.00am to 11.00am Cultural Heritage Reform and Agreement Trends in Australia
  • Current State and Territory initiatives
    • Overview of reform efforts
    • Recent agreements and developments
  • National trends
    • Key trends in cultural heritage reform
    • Agreements at the national Level

Presented by Gavin Scott, Partner, Norton Rose Fulbright; Best Lawyers 2023, Leading Individual, Native Title, Chambers Asia Pacific 2013-2023, Band 1 Native Title

11.15am to 12.15pm Co-Management: Exploring the Intersection of Heritage and Mining
  • What is co-management? 
  • What does co management apply to?
  • How can co management further protect heritage and Social Surroundings?
  • How will co management be practically implemented?
  • How will decisions be made in co management?
  • How does co management and the heritage law interact?

Presented by Kirsty Bennett, Practice Leader-Commercial and Richard Bradshaw, Special Counsel, Johnston Withers Lawyers

12.15pm to 1.15pm Future Acts, the ‘Right to Mine’ and Infrastructure Facilities
  • Review of recent case law in relation to what is and is not a ‘right to mine and the implications for the energy and resources industries
  • Consideration of what amounts to a ‘future act’, a ‘right’ to mine’ and an ‘infrastructure facility’
  • Review of the ‘infrastructure facility’ process contained in section 24MD(6B) of the Native Title Act

Presented by William Oxby, Partner, Johnson Winter & Slattery; Leading Lawyer for Native Title, Chambers Asia Pacific Legal 2021-2023

Description

Attend and earn 4 CPD units including:
3 units in Substantive Law
1 unit in Professional Skills

This program is applicable to practitioners from all States & Territories

11.00am to 11.15am Break

Presenters


Mr. Timothy Wishart, Principal Legal Officer, Queensland South Native Title Services
Tim Wishart is Principal Legal Officer at Queensland South Native Title Services. Tim's responsibilities at QSNTS include oversight and management of the legal and native title implementation and management units. QSNTS is currently involved in 31 Federal Court proceedings. This includes claims, responding to claims and derivative proceedings. QSNTS is also undertaking regional research projects pursuant to the section 203BJ(b) Native Title Act function. Tim was admitted as a solicitor in 1991 having come to the law via a scenic route. Before joining QSNTS Tim was primarily a commercial lawyer with a litigation background. Tim joined QSNTS in 2010 and was appointed PLO in September 2011. Tim bleeds off some of the cumulative stress brought about by being a native title practitioner by barracking loudly at Brisbane Lions' home games and voluntarily advising AFL umpires from the grandstand.


Mr. Gavin Scott, Partner, Norton Rose Fulbright
Gavin Scott is recognised as one of Australia's leading natural resources lawyers. He has advised many of Australia's largest resources and infrastructure companies on developing strategies to obtain and maintain project approvals for tenure, land access, native title and cultural heritage.


Mr. Richard Bradshaw, Special Counsel, Johnston Withers Lawyers
A former director of Johnston Withers Lawyers and now special counsel, Richard is widely regarded as one of Australia’s leading practitioners in the area of Aboriginal land rights, native title and heritage law. He has specialised in the area of land rights, native title and associated commercial legal work for over 30 years now, having been the Principal Legal Officer for Pitjantjarjara Council during the 1980s. He acts for a number of Aboriginal groups and, in the area of native title, apart from working on native title determination applications, compensation claims and mining issues, his current particular focus is on negotiating compensation/whole of claim settlement ILUAs; joint management and indigenous land use agreements over existing and proposed national parks and marine parks. Since his involvement in negotiations in relation to Uluru in 1984/85, he has acted for a number of Aboriginal groups in SA, WA and NSW in relation to joint management of national and marine parks. Richard is also a defamation law specialist.


Mr. Dominic McGann, Partner, McCullough Robertson
Dominic McGann is a partner with McCullough Robertson Lawyers and has 40 years of experience in native title, cultural heritage, government accountability and transparency and carbon and conservation. He has acted for Traditional Owners, State and Local Governments and various resources and renewables companies.


Mr. William Oxby, Partner, Johnson Winter & Slattery
William Oxby has practised in the area of native title since 1997. William has worked for 2 years in a native title representative body in Queensland and for the Commonwealth Attorney General in the Native Title Task Force. William has also worked for another 'top tier' law firm for 10 « years before joining Freehills in 2010. William's specialises in assisting energy, resource and infrastructure clients manage their relationships with indigenous communities. Whilst a large part of that work relates to native title and Aboriginal cultural heritage, William also specialises in land access issues more generally as well as the procurement of mining tenement, petroleum tenements and environment and planning approvals.


Ms. Kirsty Bennett, Practice Leader-Commercial, Johnston Withers Lawyers
Kirsty Bennett started her practising life in Western Australia in the 90s. She rose quickly through the ranks and was appointed a partner of Mony de Kerloy commercial lawyers in 1997. There, she managed a team of lawyers and represented a range of business clients across a broad industry base, assisting with commercial transactions, commercial dispute resolution and property law matters. She also found time to complete a Master of Laws, with a focus on commercial law issues. Kirsty joined Johnston Withers Lawyers’ growing commercial and property law team in 2016. She specialises in litigation and dispute resolution, international law, agricultural law and Aboriginal legal advice. Highly experienced, practical and approachable, Kirsty is committed to achieving sensible, commercial and timely outcomes for her clients.


Mr. Simon Grant, Registrar - Native Title, Federal Court of Australia
Simon Grant was a property and commercial lawyer for a number of years prior to commencing practice as a native title and cultural heritage lawyer with Crown Law (Queensland) in 2011. Simon was appointed a Judicial Registrar – Native Title with the Federal Court in 2018. In this role, Simon works exclusively in the Court’s native title national practice area. Simon conducts mediations and undertakes case management activities primarily in matters in New South Wales and Queensland. Simon is a nationally accredited mediator and holds qualifications in mediation from Bond University and Harvard Law School.


Ms. Lisa Eaton, Member, National Native Title Tribunal
Member Eaton is a diversely experienced and accredited mediator and legal practitioner, with a particular focus on complex and multi-party dispute resolution. First admitted to practice in NSW in 2005, Lisa has focussed her legal practice on native title and administrative law across various States and Territories. In 2019, Lisa was elected to membership of the Western Australia Bar Association, and as counsel has conducted mediation and trial advocacy work nationally, largely in the native title sector. In December 2022, Lisa was appointed as a Member of the National Native Title Tribunal. Prior to this, she also held appointment as an inaugural Member of the National Sports Tribunal.

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Native Title Summit: Exploring Co-Management, Mining, & Legal Trends in Australia

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Single Session
Tuesday, 5 March 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
4
$505.00
Online 20240517 20240305

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