EXPERIENCE & EXPERTISE

Andrew’s broad experience has been accumulated over 25 years advising and working with local governments in Queensland in relation to Native Title and Cultural Heritage, Planning and Property Law, Regulatory Services, Governance and State Land Tenure matters.

He has represented local governments in native title determination applications under the Native Title Act 1993 (Cth) before the Federal Court since 1995 and has negotiated and registered over 100 Indigenous Land Use Agreements (ILUA) with various native title groups throughout Queensland. This has involved dealing with major infrastructure facilities including landfills, water reservoirs and dams, water treatment facilities and renewable energy facilities.

Andrew has acted for numerous Local Governments in some of the most complex land tenure negotiations undertaken in Queensland. These include  the Yalanji/Cook and Douglas Shire Council Tenure Resolution ILUA negotiations, Ewamian/Etheridge Shire Tenure Resolution ILUA, Croydon/Tagalaka Tenure Resolution ILUA, Palm Island Improved Land Management Practices ILUA and Mapoon Community Development ILUA.

Andrew regularly undertakes cultural heritage compliance assessments for local government specific projects and annual capital works schedules to ensure compliance with the Cultural Heritage Duty of Care under the Aboriginal Cultural Heritage Act 2003 (Qld) and the negotiation of Cultural Heritage Management Plans and Cultural Heritage Agreements where required.

Andrew also assists Landholders and Mining Companies dealing with native title claims, land tenure conversions and tenure upgrades and securing mining tenements from the State including the negotiation of Landholder compensation agreements for Mining Leases, Conduct and Compensation agreements for Exploration Permits and Notifiable Road Use Agreements.

Andrew is regularly invited to speak at Industry Conferences on native title and local government legal topics.

Andrew brings a “solutions” based approach to resolving local government and landholder’s legal issues and possesses well developed cross cultural capabilities in dealing with First Nations Peoples throughout Queensland

ACCOMPLISHMENTS

Native Title and Cultural Heritage

• Yalanji/Cook and Douglas Tenure Resolution Indigenous Land Use Agreement which was the largest and most complex tenure resolution ILUA undertaken in Queensland dealing with the conversion of Timber Reserves, Forest Reserves, Reserves and National Parks in the Daintree Region. This included the development of indigenous community and conservation management plans, ensuring protection of existing essential community infrastructure, procedures for future community infrastructure and protection of public access.
• Goldsborough Valley Tenure Resolution Project. Negotiation of tenure and public access issues at Goldsborough Valley resulting in dedication of Council reserves, protection of historic walking track by tenure, negotiation of an indigenous land use agreement, grant of Aboriginal freehold and resolution of native title claim
• Southern Water Infrastructure Project. Addressing native title, cultural heritage and tenure issues associated with construction of 4, 1ML water reservoirs at Majuba Creek (Ngadjon Jii, Fishery Falls, Frenchman’s Creek and Junction Creek (Wanyurr Majay) within the Wooroonooran National Park
• Acting for Cairns Regional Council to negotiate an Indigenous Land Use Agreement and consent determination for Combined Gunggandji native title application at East Trinity. Indigenous Land Use Agreement registered and determination made by Federal Court
• Acting for Cairns Regional Council to negotiate an Indigenous Land Use Agreement and consent determination for Wanyurr Majay native title application in and around Babinda. Indigenous Land Use Agreement registered and determination made by Federal Court
• Portsmith Landfill and Botanic Gardens. Lodgement of non-claimant application to address native title issues associated with proposed lease and tenure charges at Portsmith Landfill and Botanic Gardens
• Compulsory Acquisition of Native Title to allow for the construction of major sewer pump station in Portsmith.

Planning and Environment

• Providing advice to Local Government and Developers in relation to development applications under the Planning Act 2016 (Qld)
• Planning & Environment Appeal – Acting for the Appellant in a refusal appeal relating to a material change of use (juvenile care facility) development application. Appeal was finalised by way of consent order
• Planning & Environment Appeal – Acting for Appellant in relation to submitter appeal relating a material change of use associated with a free range piggery on Atherton Tablelands. Appeal allowed with conditions
• Planning & Environment Appeal – Acting for Respondent with to submitter appeal relating to a material change of use Marine Transport Facility in the Torres Strait. Appeal resolved by consent order
• Acting for Applicant in an application to Planning & Environment Court to amend conditions of development approval. Issues included flooding and buffer zone for spray drift associated with adjoining agricultural uses. Earlier Court order was amended with conditions negotiated with landowners and Council
• Providing advice to Palm Island Aboriginal Shire Council on Palm Island Planning Scheme in relation to preparation and adoption of first Sustainable Planning Act planning scheme.

Environmental Protection Act 1994 (Qld)

• Environmental compliance audit of significant marine maintenance facility. Review of Environmental Authorities and Registered Operator certificates, Negotiation of environmental authority conditions, general compliance advice and issue of environmental authority
• Assisting Miner with record of interview of Executive Officer and Directors associated with pending potential environmental enforcement proceedings
• Quarry Acquisition – Conducted compliance and due diligence investigations in relation to the proposed purchase of a business entity. Completed assignment of various environmental authorities and sales permits
• Environmental Protection Act objection relating to the grant of environmental authority. Objection hearing in Land Court. Environmental authority recommended for grant by Land Court.

Major Projects

Community Infrastructure

• Carpentaria Shire Council - Karumba Boardwalk Project – Land Tenure and Native Title
• Torres Strait Regional Authority – Erub Island Multi Purpose Center – Natïve Title and Cultural Heritage
• Torres Shire Council – Marine Safe Landing Facility- Native Title, Cultural Heritage and Planning Approvals
• Kowanyama Aboriginal Shire Council - Kowanyama Barge Ramp – Native Title, Cultural Heritage and Land Tenure
• Burke Shire Council – Burketowm Boat Ramp Upgrade Project – Native Title and Cultural Heritage
• Mapoon Aboriginal Shire Council – Mapoon Multi Purpose Center – Native Title, Cultural Heritage and Land Tenure
• Cairns Regional Council – Green Arrow Walking Trails – Native Title, Cultural Heritage and Land Tenure
• Cairns Regional Council – Munro Martin Parklands Stadium – Native Title and Cultural Heritage
• Mackay Regional Council – Pioneer Valley Mountain Bike Trail Project.

Water

• Cairns Regional Council - Southern Cairns Water Infrastructure Upgrade – tenure and cultural heritage
• Cairns Regional Council – Tunnel Hill to Palm Cove Trunk Main Replacement Project – Native Title and Cultural Heritage
• Etheridge Shire Council – Charleston Dam Project – Land Tenure, Planning Approvals, Native Title and Cultural Heritage
• Carpentaria Shire Council – Glenore Weir Raising Project – Native Title, Cultural Heritage and Land Acquisition
• Cassowary Coast Regional Council – Bulgun Creek Reservoir Project- Native Title, Cultural Heritage and Land Tenure
• Isaac Regional Council – Raw Water Dam – Native Title and Land Tenure.

Sewerage

• Cassowary Coast Regional Council – Tully to Mission Beach Pressure Main Project – Native Title
• Northern Peninsula Area Regional Council – Seisia to Bamaga Sewer Pipeline – Cultural Heritage
• Northern Peninsula Area Regional Council – Bamaga Sewerage Treatment Lagoon Expansion Project – Native Title and Cultural Heritage
• Carpentaria Shire Council – Karumba- Sewerage Treatment Plant – Land Tenure, Native Title and Cultural Heritage
• Torres Strait Island Regional Council – Poruma Island – Water Treatment Plant – Native Title.

Landfill

• Northern Peninsula Area Regional Council – NPA Regional Landfill Project – Native Title and Cultural Heritage
• Tablelands Regional Council – Mt Garnet Land Fill Project – Native Title and Cultural Heritage
• Etheridge Shire Council – Georgetown 10 Mile Landfill Project – Land Tenure, Native Title and Cultural Heritage
• Cook Shire Council – Cooktown Landfill Project – Land Tenure and Native Title.

Telecommunications

• Channel Seven Southern Cross Austereo – Mt Yarrabah Telecommunications Project Native Title, and Land Tenure.

Renewable Energy

• Infigen Energy Limited - Forsayth Wind Farm – Native Title and Cultural Heritage;
• Genex Limited – Kidston Pumped Hydro/Solar Project – Land Tenure and Native Title
• Burke Shire Council – Gregory Solar Farm Project – Native Title and Cultural Heritage
• Carpentaria Shire Council - Lillyvale Solar Farm Project - Land Tenure, Native Title and Cultural Heritage.

Tendering and Procurement

• Providing advice to local government clients in relation to the transfer of valuable non-current asset in compliance with Local Government Regulation 2012 requirements including seeking Ministerial exemption
• Karumba Sewerage Treatment Plant - Preparation of Carpentaria Shire Council conditions of tender project specifications and construction contract documentation
• Karumba Point Development Plan – review of tender conditions and insurance and indemnity conditions, negotiating and drafting of conditions to be included in Australian Standard Consultancy Contract.

Governance

• Providing advice in relation to Councillor prescribed and declarable conflict of interests under the Local Government Act 2009 (Qld).