Experience

Our team have represented and provided advice to mining, oil and gas companies, proponents of infrastructure developments, property developers, financiers, utility providers, and state and federal governments in relation to numerous major projects.

To view details of our native title experience, click on any of the following areas of interest below:  

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We advise both proponents and financiers in relation to major resource projects across Australia. Examples of our experience includes:

• Adviser in relation to the drafting of a project agreement for indigenous issues for the Boddington Gold Mine.
• Adviser to Argyle Diamond Mines on the negotiation, registration and implementation of an Indigenous Land Use Agreement with traditional owners.
• Adviser to Tata Iron & Steel Co Ltd on native title issues in respect of a Queensland coal mining project.
• Adviser to a bidder for the Aurukun Project in relation to indigenous aspects of tender negotiations.
• We represented the Argyle Diamond Mine joint venture in the Federal and High Court proceedings relating to the determination of the Ben Ward (Miriuwung-Gajerrong) native title claim. The Ben Ward claim was the first determined claim in Western Australia.
• We represented Placer in Federal Court in the Wongatha native title claim in the Goldfields region of Western Australia.
• Adviser to a bidder in respect of the native title and indigenous heritage issues associated with the sale of Pasminco's Century Mine and the Dugald River Prospect in Queensland.
• Adviser to a bidder in respect of the native title, Aboriginal Land Rights Act and indigenous heritage issues associated with the Normandy assets in Queensland, Western Australia and the Northern Territory, including issues of validity of title and future development.
• Adviser to Placer Dome in relation to the expansion of the Granny Smith Gold Mine, including the development of the Wallaby Project native title agreement and regional heritage agreements.
• Adviser in the negotiation and drafting of indigenous heritage agreements with three indigenous groups to regulate indigenous heritage management of the construction and ongoing operation of the Millmerran Power Station and Coal Mine Development in Queensland.
• Adviser to potential purchasers of native title and cultural heritage implications for the development of the Wilkie Creek and Cogan Creek Coal Mines with particular emphasis on the 'as of right' renewal provisions of the native title legislation.
• Representing numerous mining companies affected by native title claims, including the Argyle Diamonds, Alcoa of Australia, Worsley Alumina Joint Venture, Placer Dome, Tiwest, Wesfarmers, and the Moura Mine, and also advise the companies in relation to their aboriginal heritage obligations.
• Adviser to the successful bidder in the purchase of the Leigh Creek Coal Mine in South Australia on native title issues with respect to the mine site and the associated rail link.
• Adviser to the successful bidder in the South Australian Government's privatisation of Flinder's Power Station and Coal Mine,  including advice on native title issues with the power station, coal mine and rail link.
• Adviser to a bidder in relation to native title and indigenous heritage issues involved in the sale of Outokumpu Mining Australia Pty Ltd's interests in Honeymoon Well, including issues of validity of tenure and future development.
• Adviser to Tiwest in relation to the negotiation of a future act agreement which secured the grant of a strategic mining lease in the south west of Western Australia.
• Adviser to Pasminco on indigenous heritage and native title issues in relation to their acquisition of the project from Rio Tinto. This included providing comments to the Queensland parliamentary draftsman prior to the passing of the Century Zinc Project Act.
• Adviser to the owners of the Moura Mine in Queensland of potential native title issues with the future expansion of the mine site with particular focus on specific project legislation and the application of the pre-existing right based provisions of native title legislation.
• Adviser to ANZ and Bankwest in relation to the financing of Western Australian resource projects.

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• Adviser to AGL in relation to the Moranbah acquisition of a share in the Moranbah Gas Project in Queensland.
• Adviser on land access and approvals issues for the PNG–Queensland gas pipeline.
• Adviser on land access and approval issues, and the negotiation of an indigenous land use agreement for the development of an LNG facility and pipeline in Western Australia.
• Adviser to Santos Ltd on native title issues and drafted and negotiated its agreement with the native title claimants associated with the Casino offshore production and related onshore pipeline.
• Adviser to Multinet Gas on the South Gippsland Transmission Pipeline.
• Adviser to Woodside on joint venture arrangements relating to the Otway Project.
• Adviser to a prospective farminee in relation to the native title and indigenous heritage aspects of the Wicher Range Gas Field project, including advice on existing contractual arrangements with native title claimants.
• Adviser to the proponents of the 800 kilometre pipeline from Ballera to Mt Isa Pipeline in relation to cultural heritage and native title issues in the development of the gas pipeline.
• Adviser to AGL on the native title issues associated with the sale into trust of AGL's pipeline assets.
• Adviser to a bidder for the cornerstone share in AlintaGas Limited on the native title and aboriginal heritage issues involved in the deal. 
• Adviser to Santos and Esso/Mobil in their response in Western Australia to native title claims affecting those companies' interests.

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Significant projects on which we have advised are described below:

• Adviser to the Water Corporation of Western Australia on the native title and heritage aspects of the Perth Desalination Project, and the Coral Bay Waste Water Treatment Plant.
• Adviser to the Water Corporation of Western Australia on the native title and aboriginal heritage issues associated with the privatisation of the Ord Stage 1 Irrigation Scheme and the proposed Stage 2 Expansion.
• Adviser to the Water Corporation in respect of the Harvey Dam and Stirling to Perth pipeline project, including land acquisition issues for the dam site and development of the native title strategy relating to the pipeline route.
• Adviser in relation to the Toowoomba to Millmerran Water Pipeline, including submissions to the Queensland Government on the extinguishment of native title and the use of future act public works provisions of the native title legislation to permit the construction of the pipeline.
• We advised on the native title implications of the privatisation of the South-West and Carnarvon Irrigation systems.
• Adviser to Water Corporation with respect to the delivery of water infrastructure to the various Burrup Peninsula Developments.

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Examples of our experience includes:

• Adviser in relation to the native title and aboriginal heritage issues associated with the construction of various power stations in Western Australia.
• Adviser to National Grid International Limited and Basslink Pty Ltd on native title and indigenous legal issues associated with the development of the Basslink electricity interconnector across Bass Strait. In particular, we advised on Aboriginal heritage and native title issues associated with the development of Basslink in Bass Strait, crown reserves and state forests.
• Adviser to Pacific Hydro on native title issues and negotiations with the Victorian Government for the Portland Wind Energy Project.
• Adviser to AGL on cultural heritage issues arising during the construction of the Clements Gap Wind Farm.
• Adviser to the Pacific Century Cyberworks in respect of the joint venture with Telstra on the native title issues associated with various telecommunications exchanges, cable landing stations and transmission sites in New South Wales, Queensland and Western Australia.
• Adviser to Western Power Corporation on the native title and aboriginal heritage issues associated with the acquisition of power generation sites and delivery systems in the regional and other remote Western Australian communities.
• Adviser to the purchaser of a 50 per cent interest in the Callide C Power Station in relation to the due diligence to assess native title risks associated with the acquisition, including advice on the potential impact of native title in water.
• Adviser on the NextGen Telecommunications Project entailing the construction of telecommunications cabling from Perth to Brisbane along the southern and eastern coastlines of Australia.
• Adviser on the native title and heritage risks of the Visionstream Telecommunications project involving the construction of telecommunications cabling from Brisbane to Cairns.
• Adviser to a bidder for the GPU GasNet and GPU PowerNet businesses on native title and indigenous heritage risks and issues.
• Adviser to Nava Networks on the native title issues associated with a proposed submarine and overland fibre optic cable.
• Adviser to Wesfarmers Energy for its bid for Western Power’s SWIS Power Procurement.

Examples of our experience includes:

• Adviser to the successful bidder for the Dalrymple Bay Coal Terminal long-term lease offered by the Queensland Government, including advice on tenure validity under native title legislation with particular emphasis on offshore native title issues.
• Adviser to the Esperance, Albany and Geraldton Ports and given advice in relation to the Dampier Port on native title issues associated with the privatisation and/or expansion of the these ports.
• We advised Flinders Ports Corporation on the native title and cultural heritage implications associated with the purchase and privatisation of seven South Australian Ports, including complex historical tenure analysis, and advice in relation to future land tenure and development.

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Examples of our experience includes:

• We have provided native title and aboriginal heritage advice to Main Roads (WA) in relation to a number of road projects.
• We conducted the native title and aboriginal heritage due diligence on behalf of a bidder for the Australian National Rail assets.
• We advised a bidder for the Mitcham–Frankston Freeway on native title issues.

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Examples of our experience includes:

• Adviser on indigenous issues associated with the development of the Raffles site in Perth.
• Providing advice to private company developer on acquisition of the Cairns Convention Centre.
• Adviser to the owner of the Mt Isa, Townsville and Gold Coast Airports in a refinancing due diligence on native title issues.
• Adviser to McLaughlins Financial Services in its acquisition of Australian Alpine Enterprises, the developer and operator of Falls Creek and Mount Hotham, on native title risks associated with various crown leases.
• Adviser to the proponent on the native title issues associated with the development of the Perth Convention Centre.
• Adviser to the Department of Public Works on native title issues in the development of the Roma Street Development railyards into a public parkway and commercial developments.
• Adviser to purchasers of the Lizard Island Tourist Resort facility in relation to the effect of native title of the validity of special tourist leases from the Queensland Government and development of the facilities in the leased area.
• Adviser to the proponent on native title and aboriginal heritage issues associated with the redevelopment of the historic Swan Brewery site.

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Matters we have been involved with include:

• We act for the Water Corporation with respect to the delivery of water infrastructure to proposed projects in the North-West Shelf/Burrup Peninsula, including Syntroleum, Burrup Fertilisers, Australian Methanol, Methanex and Plenty River.
• We have advised financiers in relation to the native title risks associated with various proposed projects in the North-West Shelf/Burrup region.
• We advised a purchaser on the native title issues involved in the purchase of a sugar mill in the east Kimberley's in Western Australia.