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  3. Know the law: Legal standards and regulatory obligations

Know the law: Legal standards and regulatory obligations

First Nations rights and interests in land and sea are recognised through a number of legal obligations and standards in Australia’s states and territories.

Commonwealth legislation related to statutory land rights schemes and cultural heritage protection legislation Australia-wide includes the Native Title Act 1993 (Cth), the Environment Protection and Biodiversity Conservation Act 1999 (Cth), the Racial Discrimination Act 1975 (Cth), the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) and the Underwater Cultural Heritage Act 2018 (Cth), among others.

Significant for proponents, the Environment Protection and Biodiversity Conservation Act (EPBC Act) and the offshore energy regime with mandatory consultation requirements create a “legal standard and obligation” to negotiate.

Additionally, Traditional Owners with native title rights and interests under the Native Title Act can legally consent or veto clean energy developments depending on whether they voluntarily enter an Indigenous Land Use Agreement (ILUA).

Click on each State and Territory in the map below to see the statutory land rights schemes and cultural heritage standards for each jurisdiction.