Strengthening native title rights through targeted reform 2 min read
The Australian Law Reform Commission (ALRC) has released a discussion paper as part of its comprehensive review into the 'future acts' regime under the Native Title Act 1993 (Cth) (NT Act). This follows the issues paper published in November 2024, inviting further engagement on reforming this key aspect of native title law.
The ALRC’s proposals invite not just feedback, but a broader reckoning with how the future acts regime can better serve Indigenous communities—one that warrants close attention, active participation and serious consideration from all sectors.
Key proposals and questions
The discussion paper poses 23 questions and outlines 18 proposals for reform to enhance the effectiveness and fairness of the future acts regime. Key aspects include:
- Reformed statutory procedures: a revamped framework directed at aligning the intensity of future act procedures with the impact on native title, introducing a new 'right to negotiate' process while removing the expedited procedure.
- Native Title Management Plans: a proposed pathway enabling Registered Native Title Bodies Corporate to develop tailored procedures for their determination areas, potentially allowing more robust or streamlined processes (depending on native title holders’ priorities). This pathway would operate alongside ILUAs and statutory procedures (or potentially to the exclusion of statutory procedures).
- Negotiation and conduct standards: mandatory standards aimed at improving negotiation quality, including good faith requirements, funding contributions by proponents, transparency in information-sharing and clarity around government involvement.
- Expanded powers for NNTT: removal of restrictions preventing the National Native Title Tribunal from imposing payment conditions tied to royalties or profits during determinations.
- Agreement transparency: introduction of an opt-in public register for native title agreements with options for redacting sensitive details.
The ALRC also seeks feedback on critical questions regarding procedural requirements, ancillary agreements, cultural heritage impacts and potential amendments to streamline agreement frameworks under the NT Act. The reforms aim to align Australia's practices with international human rights obligations, such as those outlined in the United Nations Declaration on the Rights of Indigenous Peoples.
Maintaining current features
While proposing significant changes, several features central to the current regime would continue:
- Agreement-making as a cornerstone
- Procedural rights afforded to native title parties
- Application of the non-extinguishment principle to most future acts
- Compensation mechanisms for future acts.
Next steps
Stakeholders are invited to make submissions responding to these proposals by 10 July 2025. The ALRC is expected to release its Final Report by 8 December 2025.
For further information or assistance regarding this review or making submissions, please contact our native title team at Allens.