Services
Native Title Lawyers
What is Native Title law? And what role does a Native Title lawyer play?
Native Title law involves advising on who holds rights to land and determining how those rights interact with pastoral leases, mining activities, local governments and private landholders.
Native Title lawyers play a vital role in recognising the connection of Aboriginal and Torres Strait Islander peoples to their traditional lands and waters.
This includes representing Traditional Owners in claiming and defending rights, guiding stakeholders through negotiations and ensuring people, companies and government agencies comply with the Native Title Act 1993.
A good Native Title lawyer doesn’t just understand the law, but the social, cultural and political dimensions surrounding it.
How can we assist you with Native Title and Cultural Heritage law?
As experienced Native Title and Cultural Heritage lawyers, we support clients across Queensland and beyond in navigating the full range of native title and cultural heritage issues.
- Native Title claims. Starting, responding to, or intervening in Native Title claims.
- Indigenous Land Use Agreements (ILUAs). Negotiating and drafting agreements between Traditional Owners and stakeholders.
- Right to Negotiate process. Acting for parties during statutory negotiation procedures.
- Pastoral and Commercial leases. Understanding how tenure interacts with Native Title.
- Planning and development. Supporting developers, LGAs and landholders with Native Title compliance.
- Mining and exploration. Drafting and negotiating exploration and mining agreements.
- Expedited procedures. Navigating fast-track processes under the Act.
- Section 29 notices. Responding to notifications of future acts affecting Native Title under s 29 of the Native Title Act 1993.
- Compensation claims. Assessing and negotiating claims for loss or impairment of Native Title.
- Negotiations with resource companies. Including coal, coal seam gas, petroleum, bauxite, silica, gold, and other minerals.
We also frequently collaborate with our commercial, property and planning teams to deliver integrated legal support across related areas.
Court representation in Native Title matters
We appear in a range of courts and tribunals dealing with Native Title and land-related issues, including:
- Federal Court of Australia
- Land Court of Queensland
- Planning and Environment Court
- Native Title Tribunal
- Supreme Court of Queensland (Native Title-related applications).
Our team provides strong, strategic advocacy whether you’re bringing a claim, challenging a future act or responding to an application.
Native Title claims: the legal process
We help clients through the full lifecycle of a Native Title claim—including assessing whether a claim is viable, preparing and lodging the application, negotiation, court representation and post-determination support.
Whether you’re seeking recognition or responding to a claim, we guide you through every step with strategic clarity and respect for the broader cultural and legal landscape.
Who can be involved in a Native Title claim?
Native Title claims can involve a wide range of parties including Traditional Owner groups, pastoralists, local governments, developers, and Indigenous respondents.
Each party plays a distinct role, and navigating their interests requires legal insight, community understanding and negotiation skill.
Steps in filing a Native Title claim
The steps in filing a Native Title claim include:
- Determining who the claim group is and identifying the area covered by the claim.
- Preparing connection evidence—usually including anthropological, historical and genealogical material.
- Drafting and filing the Native Title claimant application and lodging it with the Native Title Tribunal.
- Addressing and resolving any requisitions the Tribunal issues during the registration process.
- Notifying interested parties under s 66 of the Native Title Act
- Mediating the claim through the Federal Court to resolve issues and try to reach consent determination.
- Negotiating connection with the State of Queensland.
- If unresolved, proceeding to court for a Separate Questions hearing, inquiry or other litigated process.
We guide Traditional Owners and other parties through each step, making sure they comply with statutory obligations and align with community goals.
Legal representation for landholders, claimants, Indigenous respondents, and third-party stakeholders
Whether you’re initiating a claim, responding to one or need strategic guidance, we make sure your rights are protected and your obligations are clearly understood.
Ongoing support after a successful Native Title claim
A successful claim is just the beginning. Once it has been approved we continue to offer support, including:
- Acting for Registered Native Title Bodies Corporate (RNTBCs) and Prescribed Bodies Corporate (PBCs)
- Capacity-building and support for new organisations
- Drafting and reviewing grant applications
- Developing governance policies, strategic growth plans and ensuring regulatory compliance
We work closely with Indigenous corporations to help build strong, sustainable futures beyond the determination.
Cultural heritage lawyer: protecting Indigenous heritage
Cultural heritage law protects Aboriginal and Torres Strait Islander cultural values, sites, and traditions. As cultural heritage lawyers, we:
- Advise on the importance and application of cultural heritage legislation
- Help clients comply with the Aboriginal Cultural Heritage Act (Qld) and other legal frameworks
- Provide guidance for developers, LGAs, and landholders on managing cultural heritage obligations in land use and planning.
We make sure cultural values are respected while supporting projects to proceed lawfully and with community trust.
Why choose Osborne Butler Lawyers to assist with your native title & cultural heritage law?
Clients choose Osborne Butler because we combine legal expertise with grounded, practical advice. We’re responsive, clear, and know how to get things done—whether it’s negotiating a complex ILUA, preparing for a compensation hearing, or helping a Traditional Owner group gain recognition.
We know the system, we know the stakeholders, and we know how to work in a way that respects all parties and delivers real results.
Contact Osborne Butler Lawyers to find out more about Native Title and Heritage Law
Need representation or wondering whether you have a claim?
Use the form below to ask us anything. We’ll respond in 24 hours.
Need a Native Title Lawyer? Contact Osborne Butler
If you have a question or require legal advice or representation, please complete this form and we’ll respond within 24 hours. For urgent matters, please call us:
Cairns: 07 4041 3301
Brisbane: 07 3521 5588
Gold Coast: 07 5532 0066
