The Australian Law Reform Commission has opened public submissions after releasing an Issues Paper for its review of the “future acts” regime under the Native Title Act 1993 (Cth).
ALRC Commissioner Tony McAvoy SC, a Wirdi man, said: “I’m pleased to release the Issues Paper for the ALRC’s Review of the Future Acts Regime. This is an important milestone in the Inquiry. I invite all First Nations people, Native Title holders, industry and other stakeholders to fully and actively engage with the paper and the Review”.
The future acts regime sets out how native title rights and interests are considered when certain activities are proposed, such as granting mining leases or building public infrastructure.
The Issues Paper outlines several themes the Inquiry will examine, including resourcing and capacity for engagement, agreement-making and procedural rights, how the regime interacts with other legislation and alternative frameworks, whether the regime is meeting the goals set out in the Native Title Act’s preamble amid a lack of performance data, and its suitability for new and emerging industries.
To guide feedback, the paper poses five questions focused on what works well in the current framework, priorities for reform, what an ideal regime might look like, and any additional issues the Inquiry should consider.
The paper draws on the ALRC’s initial research and input from an expert Advisory Committee comprising Native Title holders and representatives, government officials, legal practitioners, industry leaders and academics.
Submissions are open to First Nations communities and their representatives, industry and business, governments and the public until 21 February 2025. The ALRC plans further consultations next year and will publish a Discussion Paper canvassing detailed reform options, which will also be open for comment.
The review was referred to the ALRC by the Attorney-General, Mark Dreyfus, on 4 June 2024. It is led by Commissioner McAvoy alongside ALRC President, the Hon Justice Mordecai Bromberg. The Commission is due to deliver its final report to the Government by 8 December 2025.
The Issues Paper, submission details and the Inquiry’s Terms of Reference are available at alrc.gov.au.
