Successful strategies for native title and Aboriginal cultural heritage approvals—an examination through the development of the Queensland CSG and LNG industry*

Abstract

2009 saw an unprecedented level of engagement between oil and gas companies in Queensland and Aboriginal groups, primarily because of Queensland’s burgeoning CSG/LNG industry. Most proponents have had to deal with native title and Aboriginal cultural heritage arrangements with multiple parties simultaneously, often in the early stages of project developments where project certainty is low. Many native title parties have also had to deal with multiple projects at the same time. This has added an extra layer of complexity to what is already a difficult negotiation and regulatory landscape. Queensland and Commonwealth legislation impose a complex system of regulatory approvals governing the interaction of Aboriginal interests and oil and gas projects. Project proponents must comply with state petroleum legislation and Commonwealth native title legislation to ensure approvals are validly granted.

This paper will examine the complex legislative and regulatory hurdles that have been faced by project proponents in the Queensland CSG/LNG industry in managing native title and Aboriginal cultural heritage issues. The paper will critically analyse the generally accepted strategies being implemented to address native title and Aboriginal cultural heritage issues. This will include a specific focus on the legal requirements to obtain indigenous land use agreements, the fundamental issues required to be addressed to achieve the authorisation and registration of these agreements, and the alternative options if it is not possible to obtain these agreements. Finally, the paper will conclude with some commentary on the legal aspects of managing Aboriginal cultural heritage.