Supreme Court of South Australia overturns exploration drilling approval reinforcing the significance of Aboriginal cultural heritage issues

By Melanie Debenham, Naomi Hutchings and Nigel Amigh A recent decision of the Supreme Court of South Australia has reinforced the significance of Aboriginal cultural heritage issues in the process of obtaining approvals for mining and exploration activities. In Dare, Bilney & Ors v Kelaray Pty Ltd, Premier of South Australia [2022] SASC 91 (Dare … Read more

A methodology for the calculation of native title compensation

 On 13 March 2019, the High Court handed down its first decision on native title compensation in ‘Timber Creek’ [2019] HCA 7 (Timber Creek). The High Court’s decision is a measured reflection of the need for Australian law to evolve in a manner that acknowledges, recognises and accommodates the diversity and individuality of native title … Read more

NSW Aboriginal cultural heritage — a changing legislative landscape

A complete overhaul of the legislative framework for Aboriginal cultural heritage in NSW is underway. The review is aimed at delivering a more efficient and effective process for the protection of Aboriginal cultural heritage and obtaining development approvals. Public feedback on a model proposed by the NSW Government is currently being sought. In 2012 the … Read more

Right to negotiate and other native title reform

Native Title Act reform On 20 September 2012, the Commonwealth Government released, for comment, the exposure draft of the Native Title Amendment Bill 2012 (Bill). The Bill proposes substantive amendments to the Native Title Act 1993 (Cth) (NTA) and, if passed, may have a direct impact on proponents establishing or operating mining, energy and infrastructure … Read more