Steele Law: Native title & Aboriginal land claims experts
Native Title Claims
The Commonwealth Native Title Act 1993 (NT Act) provides for the recognition of native title rights held by Aboriginal and Torres Strait Islander people with respect to land.
The NT Act also provides for the validation of previous acts which affected native title rights (including by extinguishing those rights) and validation procedures for future acts which will affect native title rights.
The applicable future act validation procedure depends on the nature of the future act under contemplation. They can include, for example, an obligation to consult or negotiate with registered native title holders or claimants.
Aboriginal Land Claims
The NSW Aboriginal Land Rights Act 1983 (ALR Act) provides for the establishment of Aboriginal Land Councils (ALC) across the State.
The ALC for a particular area can lodge a claim over 'claimable Crown land' within that area. This includes, among other things, Crown land which is not 'lawfully used and occupied' or required for an 'essential public purpose'. A successful claim results in the relevant land being transferred to the ALC.
How we can help
Based in Sydney, we assist clients across NSW in resolving Native Title and Aboriginal Land Claim issues. At Steele Law, we can help you by:
- advising you as your rights and obligations under the NT Act and the ALR Act;
- advising and representing you in NT Act negotiations (including under the 'Right to Negotiate' (RTN) and 'Indigenous Land Use Agreement' (ILUA) processes);
- advising and representing you in relation to a native title claim; and
- advising you as to whether particular Crown land is claimable under the ALR Act; and
- where proposed development includes claimable Crown land, advising you on appropriate risk mitigation strategies.
Examples of projects with respect to which we have demonstrated our experience advising on Native Title & Aboriginal Land Claims issues can be found here.
Contact us for more information.