Mark Geritz
Clayton Utz
Partner
Brisbane
Overview
Mark Geritz's experience in energy and resources law, project development, native title and Aboriginal cultural heritage legal issues has seen him recognised as one of Australia's top energy and resources and native title lawyers having been named by independent judges as 2018 Australian Partner of the Year for Energy and Resources Law and 2018 and 2019 Partner of the Year for Native Title Law, following similar recognition in Queensland as judged by peers.
Mark is the go-to energy and resources and native title lawyer for both private and public enterprises, having acted on many of Australia's and the world's largest energy and resources and infrastructure projects.
In the last five years, Mark has acted on the largest coal project in Australia (Adani Carmichael Project), the largest CSG to LNG project in Australia (Australia Pacific LNG Project) and overseen the largest native title settlement in Australia (South West Settlement in Western Australia) which has also involved multiple proceedings in the Federal Court, Full Federal Court and High Court. Mark has also run the largest mining lease objection proceedings in Australian mining history, the Acland Land Court proceedings and then, in landmark judicial review proceedings in the Supreme Court of Queensland and Court of Appeal including successfully arguing that the Land Court Member demonstrated apprehended bias against his client, Mark assisted his client set aside the unfavourable Land Court recommendations.
Mark shares his knowledge with clients in valuable workshops offered through the Clayton Utz Training Program.
Notable Work
- Australia Pacific LNG Project (Origin Energy, ConocoPhillips and Sinopec): Acted in the development of this CSG to LNG project (largest such project in the world) which involved gas field development, construction of a pipeline (in excess of 500km) from the gas fields to Curtis Island and construction of a LNG plant on Curtis island and construction of ancillary onshore and marine facilities. Mark was the primary adviser on all petroleum regulatory, land access and native title and Aboriginal cultural heritage issues, strategic advice, government liaison, overlapping tenure issues and issues dealing with adjacent gas tenures and cross border infrastructure.
- Adani Carmichael Coal and Rail Project and Abbot Point expansion (largest coal project in Australia) and Rugby Run Solar Project: Provided strategic advice on mining lease applications, environmental processes (State and Federal), Land Court proceedings, landowner agreements and land acquisition, make good agreements, overlapping tenure issues, and general regulatory approval processes. Mark drafted multiple native title and cultural heritage agreements for the mine, rail and port. Mark also ran a successful native title arbitration that resulted in a decision that the main project mining lease be granted without conditions. Mark also provided regulatory advice on the Rugby Run Solar Project.
- New Hope: Advised New Hope on all stages of the New Acland Project which has involved the largest mining lease objection proceedings in Australian mining history and the historic successful judicial review proceedings in the Supreme Court of Queensland and the Court of Appeal including successfully arguing that the Land Court Member demonstrated apprehended bias against his client. These proceedings have involved every aspect of the development of a resources project.
- Senex: Provides regulatory, land access and tenure advice, and drafts and negotiates land access arrangements for Senex on its Project Atlas (to support the Queensland domestic gas policy), Western Surat and Don Juan gas projects.
- Minister for Resources (Qld): Acting for the Minister in the Land Court in appeal proceedings brought by a petroleum company with respect to claimed potential commercial areas. Also assisting the Minister in another Land Court matter relating to the validity of renewals under the Petroleum Act 1923.
- Mitsui and Beach Energy – Waitsia Gas Project: Acts on one of the largest onshore conventional gas discoveries in Australia. Mark's work includes advising on regulatory issues and drafting relevant native title and Aboriginal heritage agreements with the Southern Yamatji people.
- Origin Energy: Primary legal adviser on petroleum regulatory issues, land access and compensation and native title for more than 15 years. This also included acting in the first major petroleum landowner compensation proceedings resulting in a successful judgment in the Supreme Court of Appeal.
- Vale: Primary legal adviser on mining regulatory issues, access issues, overlapping and adjacent petroleum tenure issues and has acted on the development of the Belvedere, Ellensfield and Eagle Downs projects and operational issues at the Carborough Downs, Broadlea and Isaac Plains Projects.
- Wesfarmers Curragh Coal Project: Primary legal adviser on mining regulatory issues in Queensland for 15 years, including a period on secondment for nine months during the development of the Curragh North Project. Mark has also advised on the Curragh West and Curragh expansion projects.
- Rio Tinto: Assisted Rio Tinto with its Kestrel expansion project including assisting Rio obtain one of the first associated water licences in Queensland.
- Meteor Downs South Project: Provided all mining regulatory advice and undertook successful Land Court proceedings against Glencore relating to the development of this project for U&D Mining.
- Byerwen, Drake and Jax Coal Projects: Acted on various aspects of the project development for these projects for QCoal including mining lease applications, land access, compensation and native title issues.
- Ensham Central Coal Project: Acted for Ensham Resources in the development of the Ensham Central Coal Project. This included developing strategies for dealing with landowners where there were unique flooding issues.
- Peabody Burton and North Goonyella Expansion Projects: Acted for Peabody Energy (and its predecessors) on all project development matters for the extension of the Burton Coal Project and expansion of North Goonyella. This included landowner and government negotiations, obtaining of all approvals, and, in the Burton expansion project, advising on the first significant native title compensation case.
- MMG Dugald River Project: Mark's work on this project included approvals strategy, landowner access and compensation issues, dealing with a range of infrastructure approvals and proceedings in the Land Court in relation to an objection to a proposed mining lease and environmental authority.
- Meandu and Kunioon Coal Projects: Provided Stanwell with regulatory, land access, native title and compensation advice and drafted all relevant documentation associated with the development of the Meandu and Kunioon Coal Projects. This has recently included resolving complex groundwater issues through a series of make good agreements for the Meandu extension project.
- Condamine Power Station Project: Assisted Queensland Gas Company (now Shell) in developing the Condamine Power Station by drafting all operational documentation and advising on the required approvals.
- Australia Pacific LNG Project: Acted in relation to all native title and Aboriginal cultural heritage issues and documentation associated with the development of this project. This involved the preparation of 9 Cultural Heritage Management Plans, 6 ILUAs and 4 agreements under s 31(1)(b) of the Native Title Act as well as advice on alternative compulsory acquisition processes for the native title if agreements could not be reached. Mark also assisted in the obtaining of 3 ""Part 5 permissions"" under the petroleum legislation relating to native title issues.
- Adani Carmichael Coal and Rail Project: This project has thrown up some complex native title issues for the client. Mark's work has included:
- conducting an extensive native title extinguishment analysis for the site of the coal mine, the route of the proposed railway and the port expansion;
- advising on (and drafting all documents for) multiple, parallel, native title and cultural heritage negotiation processes with a number of different native title groups (both registered and unregistered); and
- undertaking successful arbitration in the National Native Title Tribunal relating to good faith negotiations and the substantive matter as to whether the main project mining lease should be granted from a native title perspective.
- South West Aboriginal Land and Sea Council (SWALSC): Acting for SWALSC in the largest native title settlement ever in Australia, which involves the WA Government providing more than A$1.3 billion in benefits to the Noongar people. Mark's role includes complex structuring advice for the settlement, drafting six ILUAs to implement it, and various Federal Court, Full Federal Court and more than 10 High Court proceedings on a number of ground-breaking issues. Mark was also heavily involved in urgent required amendments to the Native Title Act 1993 (Cth).
- Northern Territory Government – North Gas Pipeline: The regulatory and native title adviser to the Northern Territory Government for the A$800m Northern Gas Pipeline project. The pipeline will run between the Northern Territory and Queensland, delivering gas from the NT to eastern gas markets. This is a significant project both for the Northern Territory and the Australian economies.
- Australian Rail Track Corporation (ARTC) – Inland Rail Project: Advising Australian Rail Track Corporation (ARTC) on all native title and Aboriginal heritage issues related to the development of the project and drafting all relevant documentation. The Inland Rail Project is a new fast speed freight rail connection to be built between Melbourne and Brisbane.
- Cross River Rail Delivery Authority – Cross River Rail: Advising and drafting Cultural Heritage Management Plans for this groundbreaking Queensland project.
- Destination Brisbane Consortium – Queen's Wharf Development: Acting for the Consortium developing the Queen's Wharf Development with respect to all Aboriginal heritage issues.
- Mitsui and Beach Energy – Waitsia Gas Project: Acts on one of the largest onshore conventional gas discoveries in Australia. Mark's work includes drafting relevant native title and Aboriginal heritage agreements with the Southern Yamatji people.
- Stanwell: Advised on all native title and cultural heritage issues arising in relation to the establishment and operation of the Meandu and King 2 East Expansion Project.
- U&D Mining Limited and Sojitz Coal Mining Pty Ltd: Advised the proponent on all native title and cultural heritage matters in relation to the Meteor Downs South Coal Mine.
- QCoal Drake and Byerwen Coal Projects: Acted in a complex ""right to negotiate"" process related to the proposed grant of six mining leases for the projects. This involved a lengthy negotiation process leading ultimately to referral of the matter to the National Native Title Tribunal, which made a good faith determination and a subsequent determination that the six mining leases could be granted without any conditions relating to native title.
- Wesfarmers Curragh Project: Advised Wesfarmers on all native title and cultural heritage issues associated with the development of the Curragh, Curragh West and Curragh expansion projects.
- Commonwealth Games Parkland Village, Clem 7, Airport Link, Northern Busway, Legacy Way, Water for Bowen, Glebe Weir, Lower Fitzroy, Nathan Dam, Eden Bann, Rookwood, and Burdekin Falls Dam Projects, Western Corridor Recycled Water Project, the Towns Water Supply Project, the Tank Street Bridge Project Projects: Acted for Brisbane City Council, Coordinator-General and various Government departments and Government owned corporations, providing Native Title and Cultural Heritage advice and drafting a range of native title and cultural heritage agreements.
- Abbot Point port expansion project: Acted for the Queensland Government in drafting a multi-party Indigenous land use agreement (including a cultural heritage protocol) for the expansion of the Abbot Point port.
- Department of Transport and Main Roads – Toowoomba Bypass : Acted on project delivery and native title and cultural heritage issues arising on the Toowoomba Bypass.
- Kunioon and Meandu Coal Projects: Developed an Indigenous Land Use Agreement and numerous Cultural Heritage Agreements for Stanwell's (formerly Tarong Energy) Kunioon Coal Project and has also provided native title and Aboriginal heritage advice and documentation for the Meandu and Meandu expansion projects.
- Origin Energy: Acted and acting for Origin Energy on all native title and Aboriginal cultural heritage issues for more than 15 years.
- Peabody – Burton Coal Expansion Project: Acted for Burton Coal Pty Ltd (a subsidiary of RAG Australia Coal Pty Ltd and now Peabody Energy Australia Coal Pty Ltd) during the extension of the Burton Coal Project. This included all native title and cultural heritage issues such as negotiating and drafting a CHIMA, section 31 agreement and Indigenous Land Use Agreement, and issuing one of the first notices under the then Queensland Alternative State Provisions Regime (the alternative to the Commonwealth Right to Negotiate Process). He also conducted arbitration and compensation proceedings in the Land and Resources Tribunal (now Land Court).
- ASF Consortium: Advised on native title requirements for the establishment of an integrated marina, resort development and casino complex in Queensland. This included extensive advice to the client and negotiating with the State on the most appropriate pathway for dealing with native title issues.
- Oceanside Cruise ship terminal - City of Gold Coast: Advised City of Gold Coast in relation to native title issues for an artificial dive precinct two kilometres site off the Gold Coast.
- State Government: Advised on native title and Aboriginal heritage issues associated with the development and implementation of port master plans and port overlays for the priority ports under the Sustainable Ports Development Act.
- SEWPAC: Advised the Commonwealth Government on native title issues associated with its proposed nomination of parts of Cape York for the World Heritage Listing, including a possible alternative procedure Indigenous Land Use Agreement.
- Native Title and Aboriginal Cultural Heritage Agreements generally: Drafted and advised on Indigenous Land Use Agreements (ILUAs), section 31 (right to negotiate) ancillary agreements and Cultural Heritage Management Plans for various other mining, petroleum, power, water, power and pipeline projects, including for Origin Energy, Vale, Stanwell, CS Energy, Queensland Gas Company (now Shell), Cement Australia, SunWater and Seqwater.
- Department of Infrastructure and Planning – Hancock Coal Project: Advised the Department of Infrastructure and Planning on various aspects of the Hancock Coal and Rail Project including with respect to relevant native title agreements.
- Mt Etna Mine Closure Project: Drafted an Indigenous Land Use Agreement for the Mt Etna Mine Closure Project for Cement Australia to allow for the conversion of unallocated State land to freehold and National Park.
- Pisolite Hills and Bauxite Hills Project: Acted for Cape Alumina in relation to the development of its highly publicised Pisolite Hills Project in Cape York.
Insights
Media Release: Clayton Utz captures two 'Law Firm of the Year' awards in The Best Lawyers in Australia 2024 edition
20 Apr 2023 | Media Release
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24 Mar 2023 | Article
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Queensland Government opens the valves on hydrogen pipeline regime – make a submission now
13 Mar 2023 | Article
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High Court to finally resolve Future Acts for purposes ancillary to mining under the Native Title Act
2 Feb 2023 | Article
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Beetaloo Basin case tests NTCAT's new powers and clarifies Approved Access Agreement scope
28 Apr 2022 | Article
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Land Court of Queensland provides guidance on its approach to its jurisdiction and on-country evidence
31 Mar 2022 | Article
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Federal Court's final orders in children's novel climate change case clarify duty of care, but impact still to play out
9 Jul 2021 | Article
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"Extortionate valuation" and witness independence questioned in Queensland mining lease compensation case
10 Jun 2021 | Article
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NT Government to grant freehold to holders of exclusive native title in Territory towns
10 Jun 2021 | Article
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Three significant climate change developments in Australia and overseas with implications for resource projects
27 May 2021 | Article
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Land Court rejects MERCPA landowner compensation claim without evidence to support factual assumptions of expert
13 May 2021 | Article
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Mining companies liable for native title compensation? On the Court's radar!
13 May 2021 | Article
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Billions to bust: deficiencies in Native Title compensation applications
15 Apr 2021 | Article
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Statutory land access agreements and new compensation rules for NT petroleum operations: what you need to know for 2021
23 Dec 2020 | Article
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Media Release: Three Clayton Utz partners named winners at 2020 Lawyers Weekly Partner of the Year Awards
14 Dec 2020 | Media Release
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Amendments back on the cards for native title agreements: enhancing efficiency!
26 Nov 2020 | Article
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High Court confirms the validity of Indigenous land use agreements certified through representative body CEOs
7 Oct 2020 | Article
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Human rights objections to coal mine accepted by the Land Court of Queensland
17 Sep 2020 | Article
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Western Australia's new approach to protecting Aboriginal cultural heritage
17 Sep 2020 | Article
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Resource authority holders not liable for pre-existing conditions
6 Aug 2020 | Article
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Queensland mining & resources changes come into effect from 1 July 2020
29 Jun 2020 | Article
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Queensland Resource Authority holders beware of new change of control laws and disqualification criteria
28 May 2020 | Article
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Time to review your exploration tenure strategy – reform to Queensland resources legislation and COVID-19 relief
14 May 2020 | Article
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New change of control rules and disqualification criteria on the way for Queensland resource authority holders
21 Feb 2020 | Article
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Referring disputes to “a Court of competent jurisdiction” – not always a viable option in the cultural heritage context
6 Feb 2020 | Article
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Validly authorised Indigenous land use agreements: Full Federal Court confirms correct approach, but raises new points
20 Dec 2019 | Article
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Objectors to Queensland mining leases and related environmental authorities about to lose risk of adverse costs orders
12 Dec 2019 | Article
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Stays of proceedings unlikely in Queensland where judicial review proceedings of mining lease recommendations are pending
12 Dec 2019 | Article
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NSW Government excludes scope 3 emissions from mining assessment
31 Oct 2019 | Article
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Duplication and inefficiency under the microscope in Productivity Commission study into resources sector regulation
18 Oct 2019 | Article
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Exploration tenements and prior native title extinguishment – the High Court resets the relationship
11 Jul 2019 | Article
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Media Release: Clayton Utz's Mark Geritz and Bruce Lloyd among winners at 2019 Lawyers Weekly Partner of the Year awards
3 Jun 2019 | Media Release
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NT Government sets out ten actions prioritising Aboriginal land and sea ownership in the NT
2 May 2019 | Article
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Parliamentary Committee report approves proposed amendments to coal and petroleum tenure management in Queensland
2 May 2019 | Article
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Queensland's new land access regime now in force – so update your land access strategy
24 Apr 2019 | Article
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Cultural heritage update: greater clarity, more scrutiny for injunctions in the Queensland Land Court
18 Apr 2019 | Article
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Enhancing efficiency in native title agreement-making: the Federal Parliament makes a move
21 Mar 2019 | Article
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Money Money Money: Costs in native title proceedings and the consequences of ignoring Cultural Heritage obligations
21 Mar 2019 | Article
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Proposed significant amendments to coal and petroleum tenure management in Queensland
21 Mar 2019 | Article
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"On just terms": High Court ruling brings (some) certainty to Native Title compensation
14 Mar 2019 | Article
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New decision rejects long-standing arguments concerning greenhouse gas emissions
12 Feb 2019 | Article
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Queensland's Parliament and Supreme Court move to clarify Indigenous cultural heritage law and practice
8 Nov 2018 | Article
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Further reform to Queensland resources legislation - key changes that affect industry
25 Oct 2018 | Article
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Proposed revival of the Aboriginal party "Last Claim Standing" rule clears a major hurdle
11 Oct 2018 | Article
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Queensland moves to fix major Indigenous cultural heritage issue by reviving "Last Claim Standing" rule in new Bill
22 Aug 2018 | Article
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Native title update: movement on the future acts regime, prior extinguishment and ILUA registration
19 Jul 2018 | Article
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Media Release: Clayton Utz's Shae McCartney and Mark Geritz among winners at the 2018 Partner of the Year Awards
28 Jun 2018 | Media Release
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Land access tougher for Queensland resource authority holders under proposed new statutory negotiation scheme
24 May 2018 | Article
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NSW proposes major reforms to protection of Aboriginal cultural heritage
1 Mar 2018 | Article
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Financial Provisioning Bill for financial assurance and rehabilitation in Queensland reintroduced, open for submissions
21 Feb 2018 | Article
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Aboriginal cultural heritage management in disarray as Court does away with the "Last Claim Standing" rule
15 Feb 2018 | Article
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Steady progress being made towards the reform of native title with release of Options Paper
7 Dec 2017 | Article
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New Financial Provisioning Bill for financial assurance and rehabilitation in Queensland
26 Oct 2017 | Article
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"Exclusive native title", extinguishment and compensation: lessons from the Yindjibarndi decision and the Timber Creek appeal
3 Aug 2017 | Article
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No native title for Brisbane: Certainty for infrastructure proponents and other developers?
3 Aug 2017 | Article
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Majority rules! Parliament acts to make Indigenous land use agreements viable again
14 Jun 2017 | Article
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New Land Access Ombudsman to take referrals of disputes about CCAs and make good agreements
8 Jun 2017 | Article
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Clayton Utz shows strongly among finalists for 2017 Lawyers Weekly Partner of the Year Awards
17 Mar 2017 | Media Release
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Requirement to report MDL and ML holders' exercise of underground water rights - 6 March 2017 deadline looming
28 Feb 2017 | Article
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Legislative fix for McGlade native title decision to confirm ILUAs due this week
14 Feb 2017 | Article
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