Levelling the playing field: The good faith obligation under the Native Title Act 1993 (Cth)

Arma Legal recently represented the Mount Jowlaenga Polygon #2 native title claim group in its successful appeal in Full Federal Court against respondent parties Sheffield Resources Ltd and the State of Western Australia: Charles, on behalf of Mount Jowlaenga Polygon #2 v Sheffield Resources Limited & Anor [2017] FCAFC 218

The appeal centered on the obligation to negotiate in good faith under Subdivision P of the Native Title Act 1993 (Cth). The majority of the Full Court bench confirmed that the obligation to negotiate in good faith continues to apply to voluntary negotiations that occur after an application for arbitral determination has been made.

This session will focus on the Full Court’s clarification of the good faith obligation under the Native Title Act, and the impacts of the Full Court’s decision on future negotiations between native title parties and resource developers who seek native title consent.

The session will commence with a joint presentation and will be followed by an interactive period, in which the panel will invite discussion on the topic.