The Urban Developer
AdvertiseEventsWebinars
Urbanity
Awards
Sign In
Membership
Latest
Menu
Location
Sector
Category
Content
Type
Newsletters
TheUrbanDeveloper
Follow
About
About Us
Membership
Awards
Events
Webinars
Listings
Resources
Terms & Conditions
Commenting Policy
Privacy Policy
Republishing Guidelines
Editorial Charter
Complaints Handling Policy
Contact
General Enquiries
Advertise
Contribution Enquiry
Project Submission
Membership Enquiry
Newsletter
Stay up to date and with the latest news, projects, deals and features.
Subscribe
ADVERTISEMENT
SHARE
print
Print
LegalStaff WriterThu 27 Jul 17

Federal Court Rejects Brisbane Native Title Claims

34733482_m

The Full Court of the Federal Court has upheld the primary judge’s decision that native title does not exist in Brisbane and its surrounding areas in an appeal ruling made this week.

Obligations under Aboriginal cultural heritage legislation in Queensland still apply.

As a result of this decision, native title does not need to be considered in relation to dealings with the land and waters in the identified area of the claim according to lawyers McCullough Robertson.

The primary judge found that neither the Turrbal People nor the Yugara people held native title rights and interests in relation to any land or water in the claim area. It followed that the members of the claim groups had failed to prove continuity of connection to the claim area since sovereignty.

In addition, the primary judge exercised his discretion to make a separate determination over the area that native title does not exist in relation to the claim area.

McCullough Robertson have advised that industry, and in particular property developers and government, should be aware that as a result of this decision, native title will not need to be addressed as an element of project development throughout Brisbane and its surrounding areas.

Land users are still required to consider their obligations to manage Aboriginal cultural heritage and should carefully consider their Aboriginal cultural heritage compliance strategies.

Although native title may not need to be addressed in the determined area, appropriate legal advice should still be sought on the implications of this decision for cultural heritage compliance and that the status of the appeal process should also be monitored.

A transcript of the full ruling can be read here.

Source: McCullough Robertson Lawyers

OtherAustraliaBrisbanePolicyLegalProject
AUTHOR
Staff Writer
"TheUrbanDeveloper.com is committed to delivering the latest news, reviews, opinions and insights into the best of urban development from Australia and around the world. "
More articles by this author
ADVERTISEMENT
TOP STORIES
Parallel Workshops Stockdale Housing PBSA project
Exclusive

Suburban Success Story Turns PBSA Thinking on its Head

Leon Della Bosca
7 Min
Exclusive

Interstate Developers Find Lots to Love in ‘Progressive, Affordable’ SA

Taryn Paris
5 Min
Bates Smart Richmond Sportslink HERO
Exclusive

BtR Focus Drives Bates Smart’s Richmond Sportslink Concept

Leon Della Bosca
6 Min
Exclusive

Carparking Correlation: How Parking Fees Provide Office Sector Health Check

Taryn Paris
6 Min
Molti chief Ben Teague out front of 32 Mercer Road Aramadale (rendering)
Exclusive

Buy to the Sound of Cannons: Molti’s Counter-Cyclical Move to Melbourne

Leon Della Bosca
5 Min
View All >
Warren and Mahoney's rendering of Leftfield's project at 691-693 Burke Road, in Melbourne's Camberwell.
Residential

Leftfield Lifts Cover on 14-Storey Scheme at Camberwell

Marisa Wikramanayake
Hotel

Perth Hotel New Role Revealed After $105m Sale

Lindsay Saunders
Parallel Workshops Stockdale Housing PBSA project
Exclusive

Suburban Success Story Turns PBSA Thinking on its Head

Leon Della Bosca
Top marks for developer’s move from ‘crammed’ city towers to spacious suburban student accommodation…
LATEST
Warren and Mahoney's rendering of Leftfield's project at 691-693 Burke Road, in Melbourne's Camberwell.
Residential

Leftfield Lifts Cover on 14-Storey Scheme at Camberwell

Marisa Wikramanayake
3 Min
Hotel

Perth Hotel New Role Revealed After $105m Sale

Lindsay Saunders
2 Min
Parallel Workshops Stockdale Housing PBSA project
Exclusive

Suburban Success Story Turns PBSA Thinking on its Head

Leon Della Bosca
7 Min
Kangaroo Point Aria Canopy House Revised DA Approval hero
Development

Aria’s Revised Tower Greenlit for Inner-City Kangaroo Point

Phil Bartsch
3 Min
View All >
ADVERTISEMENT
Article originally posted at: https://theurbandeveloper.com/articles/full-court-rules-no-native-title-in-brisbane