Exposure draft native title reforms
Consultation
Update 29 October 2019
On 17 October 2019, the Native Title Legislation Amendment Bill 2019 was introduced to the House of Representatives. The Bill has minor procedural changes to the exposure draft. Find out more about the Bill on the Parliament of Australia website.
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 proposed reforms are intended to improve the native title system for all parties. This includes:
- 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 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.
Visit the Reforms to the Native Title Act 1993 page to read submissions responding to the 29 November 2017 options paper on native title reform.
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:
- Exposure draft – Native Title Legislation Amendment Bill 2018
- Exposure draft – Registered Native Title Bodies Corporate Legislation Amendment Regulations
- Native title reforms fact sheet #1 – Overview of reforms
- Native title reforms fact sheet #2 – Prescribed bodies corporate
- Native title reforms public consultation paper
Submissions
Submissions received for the Exposure draft native title reforms consultation
Contact details
Native Title Unit
Attorney-General’s Department
Robert Garran Offices
3-5 National Circuit
BARTON ACT 2600
Call: 02 6141 6666
Outside Australia: +61 2 6141 6666
Email: native.title@ag.gov.au
Fax: 02 6141 4928