The Australian Law Reform Commission has released a Discussion Paper for its review of the Native Title Act’s future acts regime, inviting public submissions until 10 July 2025 as it shapes recommendations due later next year.
Announcing the paper’s release, ALRC Commissioner Tony McAvoy SC said: “The Discussion Paper is informed by our research and consultations and is an important milestone for the Inquiry. It contains options for reform aimed at making the future acts regime more efficient, easier to use, better resourced, and fairer for all parties. This is an important opportunity for native title holders and other stakeholders to tell us what they think as we prepare recommendations for our Final Report in December.”
ALRC President the Hon Justice Mordy Bromberg said: “The ideas in this Discussion Paper seek to significantly improve the current future acts regime. They do this by facilitating lower-impact activities where appropriate; protecting rights in high impact situations; and ensuring a fair and straightforward agreement-making process. ALRC Inquiries are underpinned by extensive research, stakeholder consultations and engagement with experts, and we want to hear from as many people as possible. I encourage all those with an interest to make a submission.”
The future acts regime sets out the legal processes and requirements that apply when native title rights and interests may be affected by certain activities, such as the grant of a mining lease or construction of public infrastructure. The Discussion Paper outlines key questions and proposed reforms, with the Commission seeking feedback from organisations and individuals with an interest in the inquiry.
The review was referred to the ALRC by the Commonwealth Attorney-General on 4 June 2024. Its Terms of Reference ask the Commission to consider the intent of the Native Title Act and the current operation of the future acts regime, and to recommend reforms that support Australia’s social and economic development while protecting the rights and interests of native title holders. The review is led by Commissioner McAvoy, a Wirdi man, barrister and native title specialist, alongside Justice Bromberg.
According to the ALRC, the inquiry has so far included more than 60 consultations with over 200 consultees, receipt of more than 40 submissions responding to an earlier Issues Paper, two expert Advisory Committee meetings, and engagement at events around the country. The Commission said it will continue extensive consultation before delivering its Final Report to the Government by 8 December 2025.
The Discussion Paper, Issues Paper, Terms of Reference and submission portal are available on the ALRC website. Submissions on the Discussion Paper close on 10 July 2025.
