Exploration and mining in Queensland is subject to both Native Title and Cultural Heritage legislative requirements (depending upon the tenure of the tenement).
QCHANTMS provides a range of services which ensure our clients address and comply with their statutory requirements.
Future Acts and developments will require Native Title legislative provisions be addressed unless native title has been extinguished over the project area.
If Native Title has not been extinguished, Native Title requirements are generally addressed through the negotiation of Indigenous Land Use Agreements (ILUAS), Ancillary Agreements or Right To Negotiate Agreements.
Future Acts and developments will require legislative compliance with Queensland’s Aboriginal Cultural Heritage Act 2003′s “duty of care” provisions.
Generally proponents will enter into negotiations for a ‘Cultural Heritage Management Plan / Agreement (CHMP / CHMA) to address the cultural heritage legislative requirements.
QCHANTMS provides services that ensure our client’s compliance with the respective legislative requirements on a total management basis or a project by project basis and may include:
- Identification of parties
- Risk analysis and report on potential impacts of native title and cultural heritage requirements
- Provision of strategic advice and options
- Facilitation and negotiation of agreements, including Indigenous Land Use Agreements (ILUAs), Right to Negotiate Agreements (RTNs), Ancillary Agreements and Cultural Heritage Management Agreements / Plans (CHMAs / CHMPs)
- Co-ordination and management of meetings, including all logistical arrangements and payments
- Stakeholder and community consultations
- Community Development research and planning, including Social Impact Assessments (SIAs)
- Co-ordination and management of cultural heritage field activities, including all logistical arrangements, payments and reporting
- Implementation of agreements
- Ensuring legislative compliance
Previous Projects / Matters
- Cultural Heritage Management Plans (CHMP) – facilitation, negotiation, drafting, review, implementation and compliance
- Ancillary Agreements (s31 agreements) – facilitation, negotiation, drafting, review, implementation and compliance
- Indigenous Land Use Agreements (ILUA) – facilitation, negotiation, drafting, review, implementation and compliance
- Cultural Heritage Field Activities – Co-ordination of Cultural Heritage field inspections/clearances from concept to implementation and report, Monitoring programs – from concept to implementation and report
- Provide Technical Advisor role in assisting Traditional Owner groups to address Cultural Heritage matters – administrative and field components