Gavin Scott

Partner Norton Rose Fulbright Australia
Gavin Scott

Gavin Scott

Biography

Gavin Scott is one of Australia’s leading native title and Aboriginal cultural heritage lawyers. He has guided major Traditional Owner agreement projects for major renewables, infrastructure, mining, oil & gas and real estate developments. Gavin is at the forefront of the developing best practice stakeholder engagement strategies, the impact and use of international standards, and the resolution of disputes through culturally appropriate grievance mechanisms.

Professional experience

Representative experience

Representative experience

· Chevron Australia providing advice on the new Western Australia Cultural Heritage legislation, providing advice on NOPSEMA offshore stakeholder engagement processes following the Santos/Barossa case.

· Amplitude Energy providing advice on offshore petroleum regime following Santos/Bravosa case and assisting client to review stakeholder engagement processes.

· Advising Anglo American  in relation to a comprehensive review and modernisation of its native title and cultural heritage arrangements across its Australian operations, involving re-engagement with relevant traditional owner groups and re-drafting of native title and cultural heritage agreements. 

· Assisting Arrow Energy on a comprehensive review of entire ILUA portfolio and developing strategy to modernise agreements to bring the standard up to an international best practice level.

· Assisting Asian Renewable Energy Hub and Western Green Energy Hub in relation to the negotiation of Indigenous Land Use Agreements for mass scale wind and solar project in the Pilbara region of Western Australia, and in the South of Western Australia, including development of corporate and management charters embedding principles of mutual respect, recognition and trust between management and traditional owners in the development of these projects.

· Australian Fortescue Future Industries providing strategic overview of Native Title and Cultural Heritage matters for potential renewables project in South Australia.

· Cape Flattery Silica Mines providing Cultural Heritage and Stakeholder engagement advice for Cape Flattery Silica Mine project on an ongoing basis for a number of years.

· Squadron Energy providing strategic advice on Cultural Heritage issues in relation to one of Australia’s largest windfarms.

· CWP Renewables providing Native Title and Cultural Heritage support for numerous New South Wales and Queensland’s renewables projects.

· Advising Downer EDI in relation to relation to the consolidation of its existing joint venture arrangements with the Waanyi People and implementation of a new unit trust structure for the joint venture, locking in 50% Indigenous employment.

· EDF Renewables Australia providing Cultural heritage and Native Title support for two separate renewables projects in Queensland; one wind farm and one solar farm.

· Advising ERA on Aboriginal Land Rights Act and Native Title issues associated with this land use of the township in Jabiru.

· Advising the Equator Principles Association in relation to the 4th version of the Equator Principles, including facilitating workshops with financial institutions and resource companies in relation to Free, Prior and Informed Consent and stakeholder engagement issues.

· Government of British Columbia providing expert advice on Australian Native Title Legal Regime which was to be used for comparative analysis in a major Native Title piece of Litigation in British Columbia, Canada.

· Gransolar Construction Australia providing urgent Cultural Heritage Legal advice in relation to potential breach of duty of care under the Cultural Heritage regime.

· Acting for Gur A Baradharaw Kid Torres Strait Sea and Land Council Torres Strait Islander Corporation in a complex restructuring project designed to enable the delivery of employment and training services directly by traditional owners to traditional owners, rather than through a non- indigenous service company.

· Advising Horizon Power on the proposed reform of the Aboriginal Heritage Act (WA).

· Jangga Operations providing pro-bono legal support to an Indigenous organisation to set up an appropriate corporate structure for the benefit of the Jangga community.

· Ngan Aak Kunch Aboriginal Corporation providing legal support for the negotiation of a major Indigenous Land Use Agreement to be developed with Glencore for its Bauxite project near Weipa.

· Northern Land Council providing legal support for the review and re-drafting of a suite of Exploration Agreements to be used by the Northern Land Council with mining and gas explorers.

· Powerlink Queensland assisting Powerlink with the development of the Copperstring project and multiple other cultural heritage mandates.

· QCoal providing legal support to draft and negotiate a new over-arching Cultural Heritage Management Plan which will be applicable to all QCoal operations in Queensland including, facilitating meetings with the relevant Native Title Group.

· Advising Shell/QGC on a detailed review of native title and cultural heritage agreement portfolio for the QGC project and providing ongoing strategic advice and represent at Traditional Owner meetings with a 3 year retainer to assist in the implementation matters that may need legal advice during that period in early 2018.

· RES Australia providing Native Title and Cultural Heritage legal support for 6 renewables projects including numerous meetings on country with Native Title Groups, education sessions with client and drafting of a Comprehensive Indigenous Land Use Agreement and negotiation protocol.

· Advising Rio Tinto on the Gumatj Native Title Compensation Claim, the largest claim made in Australia to date.

· Shalina Resources Limited advising on strategy to respond to allegations of human rights issues raised by Greenpeace Amity International in respect of a project in the Democratic Republic of Congo.

· Assisting South32 Limited undertake a risk review of its traditional owner agreement portfolio and analysing its existing agreements, relationships and negotiation practices against international best practice standards, as well as drafting protocols, relationship an cultural heritage agreements and other process documents. 

· Stanmore Resources Limited providing Native Title legal support in relation to comprehensive suite of project agreements and Indigenous Land Use Agreements for Queensland Coal Mining operations.

· Stockland Development Pty Ltd providing many years of legal support in relation to Queensland property projects, including a Queensland first relationship agreement between a Native Title Group and a Property Developer, developing Cultural Heritage Plans, defending injunctions of sort in relation to Cultural Heritage and declarations sought under the Commonwealth Heritage regime.

· Vestas Development Australia Pty Ltd providing early stage legal support for potential South Australian Renewables project.

Rankings and recognitions

Rankings and recognitions

·       Best Lawyers Australia - Lawyer of the Year, Mining Law 2018, Lawyer of the Year, Natural Resources 2013, 2018 & 2024 and Lawyer of the Year, Native Title Law 2026.

·       Best Lawyers Australia – Leading individual in mining, oil and gas, native title and natural resources 2013 – 2026 .

·       Chambers Asia-Pacific – ranked for native title 2013 to 2025 (Band1).

·       Who's Who legal Australia 2017 – one of only 2 practioners in Australia noted in premier category for native title.

·       Winner "Best Article" Australian Resources and Energy Law Journal 2016 "The new reality for major projects: Working with FPIC in the resources sector".

Admissions

Admissions

  • Australia 1996

Languages

Languages

  • English

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