Description

Play a key role in large scale Defence infrastructure projects and land transactions where native title and cultural heritage interests are engaged.

The Role

Your role will be to principally provide legal advice and assistance in relation to various large scale, high risk and high value critical Defence infrastructure projects and land transactions where native title and cultural heritage interests are engaged, focusing on providing strategic and legal risk advice in relation to:

Native Title Law

Specialist advisory on:

1. Commonwealth, State and Territory native title, Aboriginal land rights and Indigenous cultural heritage legislation;
2. The future act regime and the prescribed processes under the Native Title Act 1993 (Cth);
3. Past acts, including their validity and extinguishment of native title, and tenure analysis;
4. Native title claims, rights and interests that may exist over land which Defence wishes to undertake activities on;
5. ILUAs, including negotiation protocols, interpretation and when one is required;
6. Novel and unique interactions/ transactions relating to land use, including with respect to the Defence estate, pastoral leases, national parks, and Crown land, and the cross over with these and the Native Title Act 1993 (Cth)
7. Drafting and negotiation of ILUAs, cultural heritage management agreements, including advice regarding cross cultural negotiations and awareness of decision making by traditional owners; and
8. Assisting and advising on traditional owner and Indigenous corporation engagements.

Land Access

1. Drafting and negotiation of land access arrangements, including Non-Defence Training Area access rights; leases; easements; general access licences; and other access rights;
2. Specialist advisory on land tenure arrangements;
3. Preparation and review of a range of documents relating to tenure and access in the Estate, including memorandums of understanding, leases, licenses, access deeds and general deeds relating to the Estate; and
4. Legal and policy requirements relating to access and use of the Estate and Non-Defence Training Areas.

About our Team

The Estate & Infrastructure Law (E&I Law) Team provides legal services to all of Security & Estate Group’s (SEG) Divisions. SEG manages the development, maintenance, management, leasing, acquisition and disposal of the Defence Estate.

SEG reviews, develops and constructs facilities, often planning out to thirty years in advance. They create native title, heritage and environmental policies for the Estate. Property acquisitions, leasing, disposal and management of Estate related access, planning and mining exploration issues, also fall within SEG's responsibilities.

The E&I Law Team are crucial to managing SEG’s legal risk nationally. Defence’s operating environment is unique and fast paced. Defence’s Estate programmes are of a scale and complexity that is unprecedented in their breadth and operational requirements. The Team assists SEG on all aspects of the Estate across whole of project lifecycles, including large-scale and novel infrastructure projects; Commonwealth and State agency co-operation; accommodation requirements; and training area land access.

Our Ideal Candidate

The successful candidate will ideally have:

1. Extensive post-qualification experience in native title, cultural heritage and property law;
2. Experience in land access management, leasing and licensing matters across multiple Australian jurisdictions is desirable;
3. Experience in native title and property transactions is required, and experience conducting disputes is desirable;
4. Excellent communication, relationship management and client engagement skills;
5. An ability to lead work streams and manage staff (when and where required) and to work collaboratively as a member of a team; and
6. An ability to manage competing priorities in a high tempo.
7. We are also interested in hearing from candidates at a senior level with significant experience in providing intensive in-house legal support to large-scale and/or high risk government projects or national security operations.

Application Closing Date: Thursday 14 May 2026

For further information please review the job information pack, reference ASG/02258/26 on https://defencecareers.nga.net.au/?jati=74EE1FDB-A94A-7220-2B54-ECDAB7F50976