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Submissions close on Monday, 10 December 2018

The Attorney-General and Minister for Indigenous Affairs have released exposure drafts of the Native Title Legislation Amendment Bill 2018 and the Registered Native Title Bodies Corporate Legislation Amendment Regulations 2018, for public comment.

The exposure drafts are informed by the consultation earlier this year on an options paper for native title reform, which included recommendations from the Australian Law Reform Commission's report on 'Connection to Country', the Council of Australian Government's Investigation into Land Administration and Use, and other recent reviews.

The proposed reforms are intended to improve the native title system for all parties, including by:

  • streamlining claims resolution and agreement-making processes
  • supporting the capacity of native title holders through greater flexibility around internal decision‑making
  • increasing the transparency and accountability of prescribed bodies corporate (the corporations set up to manage native title) to the native title holders
  • improving pathways for dispute resolution following a determination of native title, and
  • ensuring the validity of section 31 agreements in light of the Full Federal Court of Australia's decision in McGlade v Native Title Registrar & Ors [2017] FCAFC 10.

The government invites stakeholder feedback on the proposed approach to amend the law to implement the reforms. The exposure drafts, factsheets summarising the key proposed reforms, and a public consultation paper setting out the policy objectives of these proposed reforms, can be found below:

Submissions responding to the options paper native title reform released on 29 November 2017, can be found at: www.ag.gov.au/Consultations/Pages/Reforms-to-the-Native-Title-Act-1993.aspx

Making a submission

Submissions responding to the questions raised in the options paper can be emailed to native.title@ag.gov.au. Submissions using the following template are preferred:

Submissions may also be posted to:

Native Title Unit
Attorney-General's Department
3-5 National Circuit 

Submissions must be received by 10 December 2018. Submissions may be made publicly available. Please indicate if you wish your submission to be confidential. Please note that submissions or comments will generally be subject to freedom of information provisions.