Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 05 MAY 2023

Market Intelligence Thought Leadership Award Winner

FPIC in the Australian context: now and into the future

Corrs Chambers Westgarth
Corrs Chambers Westgarth
Contributor
Corrs Chambers Westgarth

Corrs Chambers Westgarth

Corrs Chambers Westgarth is Australia’s leading independent law firm. We provide exceptional legal...

View firm profile
Explore more from Corrs Chambers Westgarth

FPIC (free, prior and informed consent) must impact project developments on the traditional lands of Indigenous people.

AustraliaGovernment, Public Sector
Phoebe Wynn-Pope
Phoebe Wynn-Pope
Abigail Gill
Abigail Gill
Kate Gill-Herdman
Kate Gill-Herdman
Joshua Aird
Joshua Aird
Eloise O'Brien
Eloise O'Brien
Madelyn Attwood
Madelyn Attwood
Author LinkedIn connections

An increasing emphasis on the need for project proponents to secure free, prior and informed consent (FPIC) is impacting project developments on the traditional lands of Indigenous people around the world.

In Australia, demands for the protection of the cultural heritage of First Nations people and recognition of their rights has increased expectations that FPIC will be incorporated into project planning, development, and lending and investment decisions.1

A failure to ensure FPIC has been obtained has the potential to result in significant legal, operational and reputational risks. The corollary is that early, effective and comprehensive operationalisation of FPIC principles will allow businesses to shield against these risks and gain first-mover advantage against competitors.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

    Lawyers Weekly Law firm of the year 2021                  
 Employer of Choice for Gender Equality (WGEA)

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

See more popular content from

Article

Yindjibarndi And WA Government To Appeal $150 Million Federal Court Native Title Compensation Decision

The State of Western Australia and the Yindjibarndi Ngurra Aboriginal Corporation have both filed appeals against a landmark Federal Court decision awarding $150 million in compensation for cultural loss caused by mining operations in the Pilbara region. This unprecedented case marks the first judicial determination of native title compensation for future acts and the largest cultural loss award in Australian history, establishing critical precedents for how compensation is assessed when native title rights
AustraliaGovernment, Public Sector
Holding Redlich
Holding Redlich
Article

NSW Data Centre Guidelines And Network Connection Consultation Paper

The New South Wales Government has released a comprehensive policy framework for data centre investment, establishing six core principles that developments must address while promising streamlined planning approvals. The framework introduces significant new compliance obligations around energy procurement, cost recovery contributions, and demand flexibility, including a $200,000/MW Major Network Upgrade Fee and requirements for renewable energy agreements with minimum 40% wind component.
AustraliaGovernment, Public Sector
Corrs Chambers Westgarth
Corrs Chambers Westgarth
Article

Victorian Construction Industry Royal Commission: What It Means For Project Participants

The Victorian Government has launched a Royal Commission into the Integrity of Major Public and Civil Infrastructure Construction Projects, examining allegations of corruption, criminal conduct and serious misconduct across major construction projects. The inquiry will scrutinise procurement practices, labour hire arrangements, subcontracting models, supply chains, project governance and government oversight, with implications extending far beyond Victoria's borders.
AustraliaGovernment, Public Sector
Piper Alderman
Piper Alderman
Article

Australia’s Privacy Act Reforms: Fundamental Changes Proposed In New Exposure Draft

Australia's Privacy Act reform has reached a critical milestone with the release of exposure draft legislation proposing fundamental changes to how organisations handle personal information. The reforms introduce a new 'fair and reasonable' test for data collection and use, a right of erasure for large digital platforms, strengthened consent standards, a statutory controller/processor framework, restrictions on trading personal data, and enhanced data breach obligations. These changes come at a time when em
AustraliaPrivacy
Corrs Chambers Westgarth
Corrs Chambers Westgarth
Article

Cross-border software payments and royalties: implications of final taxation ruling and practical compliance guideline Read More

The Australian Taxation Office has issued its final ruling on cross-border software payments, dramatically expanding what constitutes a royalty subject to withholding tax. With retroactive application to July 2021 and a broad interpretation of copyright law, multinational companies face significant compliance risks and potential exposure across software distribution, cloud services, and digital intermediation arrangements.
AustraliaTax
Corrs Chambers Westgarth
Corrs Chambers Westgarth
Article

EPBC Act Reforms: Consultation On Proposed Regulations To Support Final Tranche Of Reforms

Australia's Department of Climate Change, Energy, the Environment and Water has released consultation papers outlining the regulatory framework for the final phase of environmental protection reforms under the EPBC Act. With submissions closing on 13 October 2026 and implementation scheduled for 1 December 2026, these reforms will fundamentally reshape how projects are assessed and approved, introducing streamlined pathways...
AustraliaEnvironment
Corrs Chambers Westgarth
Corrs Chambers Westgarth
Article

APRA and ASIC's coordinated approach to frontier AI: implications for financial services entities Read More

APRA and ASIC have issued coordinated guidance on frontier AI risks, requiring financial services boards to demonstrate direct oversight of AI governance, cyber resilience and third-party dependencies. The regulators' expectations build on existing prudential standards and directors' duties, with enforcement signals indicating that proportionate action must be taken before incidents occur.
AustraliaStrategy
Corrs Chambers Westgarth
Corrs Chambers Westgarth
Article

Five Decisions That Will Define Australia’s AI Future

Prime Minister Albanese's speech on 15 July 2026 marked a decisive shift in Australia's approach to artificial intelligence, from voluntary guidance to mandatory national regulation. The announcement establishes Australian Standards for AI, copyright licensing requirements, a national planning framework for data centres, energy obligations, and workplace protections—all underpinned by the concept of sovereign AI.
AustraliaMedia, Telecoms, IT, Entertainment
Corrs Chambers Westgarth
Corrs Chambers Westgarth