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Andrew Kerr

Partner

Andrew’s practice focuses on government law, including planning and environment, Native Title and cultural heritage law.

Recognised for his expertise in Native Title law, particularly as it affects local governments, statutory corporations, mining companies and individuals, he is regularly invited to speak on related topics.

Carefully managing confidentiality and culturally sensitive issues, Andrew has concluded numerous agreements with native title parties as part of infrastructure projects.

He looks after all land and native title matters for Palm Island, and helped resolve an Indigenous Land Use Agreement (ILUA) for the ability to grant residential and commercial leases and leases for other purposes on Palm Island.

Andrew also advises local governments, government owned corporations, and individuals in North Queensland on development law, environmental protection, infrastructure and mining projects.

Andrew’s work has included:

NATIVE TITLE and Cultural Heritage

  • Goldsborough Valley Tenure Resolution Project. Negotiation of tenure and public access issues at Goldsborough Valley resulting in dedication of Council reserves, protection of historic walking track by tenure, negotiation of an indigenous land use agreement, grant of Aboriginal freehold and resolution of native title claim.
  • Southern Water Infrastructure Project. Addressing native title and cultural heritage issues associated with construction of 4 1ML water reservoirs at Majuba Creek (Ngadjon Ji, Fishery Falls, Frenchmans Creek and Junction Creek (Wanyurr Majay).
  • Acting for Cairns Regional Council to negotiate an Indigenous Land Use Agreement and consent determination for Combined Gunggandji native title application at East Trinity. Indigenous Land Use Agreement registered and determination made by Federal Court.
  • Acting for Cairns Regional Council to negotiate an Indigenous Land Use Agreement and consent determination for Wanyurr Majay native title application in and around Babinda. Indigenous Land Use Agreement registered and determination made by Federal Court.
  • Portsmith Landfill and Botanic Gardens. Lodgement of non-claimant application to address native title issues associated with proposed lease and tenure charges at Portsmith Landfill and Botanic Gardens.

SUSTAINABLE PLANNING ACT/Integrated Planning Act, Planning & Environment Appeals, Development prosecutions, PIPs and ICS, and advice

  • Planning & Environment Appeal – Acting for the Appellant in a refusal appeal relating to a material change of use (juvenile care facility) development application. Through negotiations, the appeal was finalised by way of consent order.
  • Acting for Applicant in an application to amend conditions of approval. Issues included flooding and buffer zone for spray drift associated with adjoining agricultural uses. Earlier Court order amended with conditions negotiated with landowners and Council.
  • Providing advice to Palm Island Aboriginal Shire Council on Palm Island Planning Scheme in relation to preparation and adoption of first Sustainable Planning Act planning scheme.

ENVIRONMENTAL PROTECTION ACT compliance, enforcement and advice

  • Environmental compliance audit of marine maintenance facility. Negotiation of environmental authority conditions, general compliance advice and issue of environmental authority.
  • Acquisition of Ikon Sands, Mareeba – Conducted compliance and due diligence investigations in relation to proposed purchase of business entity. Completed assignment of various environmental authorities and sales permits.
  • Environmental Protection Act objection. Land Court hearing relating to grant of environmental authority. Environmental authority recommended for grant by Land Court.

MAJOR PROJECTS

  • Karumba Boardwalk Project – tenure and native title. Providing advice in relation to tenure options for proposed boardwalk within erosion prone area, implementation of tenure option sought by Council, preparation and registration of public utility easements, providing advice in relation to development permit and referral agencies. Project completed and constructed.
  • Southern Cairns Water Infrastructure Upgrade – tenure and cultural heritage. Providing advice to Council in relation to tenure, land acquisition, nature conservation act approvals, native title and cultural heritage issues. Project completed and constructed.
  • Georgetown Landfill and Sewerage Treatment Plant – tenure, native title and cultural heritage. Providing advice to Council in relation to tenure options for landfill, application to Department of Natural Resources & Mines for tenure, negotiation with landholder for surrender of existing tenure, advice on and negotiation in relation to native title issues, negotiation of Indigenous Land Use Agreement for project. Project completed and constructed.

TENDERING and Procurement

  • Karumba Sewerage Treatment Plant - Preparation of Carpentaria Shire Council conditions of tender project specifications and construction contract documentation.

 

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