Australian Government: Attorney-General's Department
Australian Government: Attorney-General's DepartmentAchieving a Just and Secure Society

Native title reform

2010 reforms

2009 reforms

2007 reforms

Consultation on possible governance and future acts reforms

The Government has called an election for 21 August 2010 and is now in caretaker mode. Under the caretaker conventions, the Government will not make policy decisions that would bind an incoming Government or limit its freedom of action.

The remaining consultation sessions on the native title agreements discussion paper, in Canberra, Darwin and Perth, will therefore not proceed. The Government will not be in a position to consider submissions and the 5 August deadline for this submission and the Treasury consultation paper no longer apply.

This page will be updated when further information is available.

The Attorney‑General and the Minister for Families, Housing, Community Services and Indigenous Affairs released the discussion paper titled “Leading Practice Agreements: Maximising Outcomes from Native Title Benefits" on 3 July 2010 for public consultation on a possible package of reforms to promote leading practice in native title agreements and the governance of native payments. The paper also canvasses possible amendments to streamline future acts processes and an amendment to clarify the meaning of ‘in good faith’ under the right to negotiate provisions.

The discussion paper draws on and compliments:

  • the report of the Native Title Payments Working Group established to advise the Government on how to facilitate better use of payments from native title agreements
  • the subsequent Australian Government discussion paper on optimising benefits from native title agreements
  • the workshop convened on 8 April 2010 by the Joint Working Group on Indigenous Land Settlements to consider what governments can do through native title settlement agreements to support Indigenous communities to achieve effective governance and sustainable economic outcomes, and
  • the Treasury consultation paper titled “Native Title, Indigenous Economic Development and Tax” seeking views on a range of tax options aimed at reducing complexity in tax rules for native title payments and supporting effective benefits management under native title agreements.

A copy of the discussion paper is available for download below.

Consultation on possible amendments to prescribed bodies corporate regulations

The Government is working on amendments to the Native Title (Prescribed Bodies Corporate) Amendment Regulations 2010 under the Native Title Act 1993. For further information see the Prescribed bodies corporate page.

Possible historical extinguishment amendment

On 14 January 2010, the Attorney-General released draft legislation detailing a proposed amendment to the Native Title Act 1993. This proposed reform would allow parties to agree to disregard the historical extinguishment of native title in areas of land set aside for the purpose of preserving the natural environment, in certain circumstances. The reform would not affect any existing interests in the area.

Submissions on the possible reform closed on 19 March 2010.

Native Title Amendment Bill (No. 2) 2009

On 21 October 2009, the Attorney‑General introduced the Native Title Amendment Bill (No. 2) 2009 into the Parliament. The amendments in the Bill would create a new native title process for the delivery and construction of vital public housing and infrastructure in communities on Indigenous held land. The Attorney‑General and Minister Macklin released a discussion paper for stakeholder consultation canvassing the proposed amendments on 13 August 2009. Submissions were open from 13 August 2009 until 4 September 2009.

Submissions received on the housing amendments

These are the submissions received in response to the discussion paper:

Confidential submissions received from individuals and/or organisations have not been included on this site.

If you have difficulty downloading any of the documents on this page, please contact:

Native Title Unit
Social Inclusion Division
Attorney-General's Department
3-5 National Circuit
BARTON ACT 2600
native.title@ag.gov.au

Senate Inquiry into the Native Title Amendment Bill (No. 2) 2009

On 29 October 2009 the Senate referred the Native Title Amendment Bill (No. 2) 2009 to the Senate Standing Committee on Legal and Constitutional Affairs for inquiry and report.

Details about the Senate inquiry are available at the following site: Native Title Amendment Bill (No. 2) 2009. Submissions closed on 23 February 2010.

Native Title Amendment Act 2009

The Native Title Amendment Act 2009 was given Royal Assent on 17 September and commenced on 18 September 2009. The measures in the Act introduce a number of improvements to the native title system including the institutional change the Attorney-General announced on 17 October 2008 and minor native title amendments. Information on the effects of the measures in the Act is available here:

Institutional reform

The institutional change gives the Federal Court of Australia the central role in managing all claims, including determining whether claims will be mediated by the Court, the National Native Title Tribunal or another individual or body. The Court has significant alternative dispute resolution experience and has achieved strong mediated results in the past. Having one body control the direction of each case means that the opportunities for resolution can be more readily identified and the efforts of the parties best focussed.

Minor native title amendments

The Attorney-General released a discussion paper in December 2008 on possible minor amendments to the Native Title Act 1993. The discussion paper was published on the Attorney‑General’s Department’s website and was distributed to over 70 stakeholders, including:

  • Native Title Representative Bodies
  • the Federal Court, the National Native Title Tribunal and the Australian Human Rights Commission
  • representatives from the mining, agricultural and fishing industries
  • State and Territory Governments
  • the Law Council of Australia
  • State and Territory Bar Associations, and
  • native title barristers and anthropologists.

A copy of the discussion paper is available here:

Submissions received on the minor native title amendments

These are the submissions received in response to the discussion paper:

Submissions were open from 23 December 2008 until 16 February 2009. Extensions were also granted beyond the submission period.

Confidential submissions received from individuals and/or organisations have not been included on this site.

Senate Inquiry into the Native Title Amendment Bill 2009

On 19 March 2009, the Senate referred the Native Title Amendment Bill 2009 to the Senate Standing Committee on Legal and Constitutional Affairs for inquiry and report. On 13 May 2009, the Senate Committee released its report and the sole recommendation was that the Bill be passed without amendment.

More details of the Senate inquiry are available at Inquiry into the Native Title Amendment Bill 2009.

2007 reforms

To view the 2007 reforms, go to the 2007 native title reforms page.