Assistant Crown Solicitor
Simon provides specialist advice to the State on mining and resources law, native title law, and Aboriginal and Torres Strait Islander cultural heritage law.
Simon advises the State on native title ‘future act’ matters, including matters involving the negotiation of Indigenous Land Use Agreements (ILUAs). Notably, Simon has for a number of years been advising the State in relation to the proposed Torres Strait Region Infrastructure and Housing ILUA, a proposed whole-of-government approach to native title consent and cultural heritage compliance in the Torres Strait Region for future infrastructure and housing projects.
Simon also advises the State on matters involving cultural heritage issues, including ones involving the negotiation of cultural heritage agreements and cultural heritage management plans.
As well, Simon advises the State on proceedings in the:
- Federal Court, including native title claims
- Land Court, including matters involving native title and/or cultural heritage issues
- National Native Title Tribunal, including future act determination applications.
Simon provides advice on:
- the grant of tenements under mining and resources legislation, in particular, the native title and cultural heritage implications of these grants
- the right to negotiate, in particular, section 31 agreements, future act determination applications, and expedited procedure objection applications
- land acquisition issues
- the validity of future acts under the Native Title Act 1993 (Cth) (NTA), particularly in the context of State projects involving the delivery of public infrastructure, including through the making of ILUAs
- ILUAs including framework ILUAs for classes of ‘future acts’
- cultural heritage agreements and cultural heritage management plans
- Federal Court proceedings involving native title issues, in particular, native title determination applications, native title compensation applications, native title consent determinations and related settlement agreements, and native title appeals, which can variously involve:
- analysing applications for compliance with the NTA
- appearing before the Federal Court at directions hearings and interlocutory; applications and drafting work plans, timetables, submissions, orders, affidavits and applications as to the progression of matters
- preparing and appearing on applications for strike-out, dismissal, or discovery
- reviewing evidence and other material in support of s. 223 of the NTA, providing advice and negotiating with applicant lawyers, historians and anthropologists regarding the sufficiency of that material
- reviewing evidence and other material in support of applications to disregard extinguishment under ss. 47, 47A and 47B of the NTA
- advising on tenure, public works, and the extinguishing effects of those acts
- Land Court proceedings involving resources law, native title or cultural heritage issues
- the interpretation of various legislation relating to land management and Indigenous issues, including:
- Aboriginal Cultural Heritage Act 2003
- Torres Strait Islander Cultural Act 2003
- Aboriginal Land Act 1991
- Torres Strait Islander Cultural Heritage Act 2003
- Aborigines and Torres Strait Islanders (Land Holding) Act 1985
- Aboriginal and Torres Strait Islander Land Holding Act 2013
- Various Land Acts, including the Land Act 1962 and the Land Act 1994
- Mineral and Energy Resources (Common Provisions) Act 2014
- Mineral Resources Act 1989
- Nature Conservation Act 1992
- Native Title Act 1993 (Cth)
- Native Title (Queensland) Act 1993
- Petroleum Act 1923
- Petroleum and Gas (Production and Safety) Act 2004.
Some of the proceedings in which Simon has advised the State include:
- Greenwool for and on behalf of the Kowanyama People v State of Queensland  FCA 1377
- Levinge on behalf of the Gold Coast Native Title Group v State of Queensland  FCA 634
- Daphney on behalf of the Kowanyama People v State of Queensland  FCA 1149
- Woosup on behalf of the Northern Cape York Group #1 Native Title Claim Group v State of Queensland (No 3)  FCA 1148.
- Coconut on behalf of the Northern Cape York Group #2 Native Title Claim Group v State of Queensland  FCA 629.