Australian Government: Attorney-General's Department
Australian Government: Attorney-General's DepartmentAchieving a Just and Secure Society

Native title reform

A revised Notices Determination commenced on 11 April 2011.

2011 reforms

2010 reforms

2009 reforms

2007 reforms

Consultation on Native Title (Consultation and Reporting) Determination 2011

The Native Title Amendment Act (no. 1) 2010 inserted subdivision 24JA into the Native Title Act 1993. This subdivision created a new native title process for the timely construction of public housing and infrastructure in communities on Indigenous held land which is, or may be, subject to native title.

In accordance with section 24JAA(16) the Commonwealth Minister is able to set reporting requirements by legislative instrument. Comments are being sought on the draft Native Title (Consultation and Reporting) Determination and the accompanying Explanatory Statement. A discussion paper has been included to assist in facilitating comments.

A copy of the discussion paper is available for download below.

No public consultation sessions will be held. Written submissions are due by 29 February 2012.

Commonwealth connection policy research project

The Department has recently commissioned the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) to research law, policy, practice, and stakeholder attitudes about the native title ‘connection’ test. The project will also draw on best practice emerging from alternative settlement processes.

This project will inform the Australian Government’s future policy position on connection when entering as a respondent party into native title consent determinations. Based on this research, AIATSIS will provide options and recommendations to the Department in a final report at the end of October 2011.

Written submissions to AIATSIS on this project are due by 10 September 2011. Consultative interviews (in most capital cities, Alice Springs, Broome and Cairns) are currently being conducted with key native title stakeholders and other interested participants until 30 August 2011.

Further information, including the project Terms of Reference, is available from AIATSIS’ project website.

Revised Notices Determination to commence on 11 April 2011

The legislative instrument which determines how notice is to be given for the purposes of the Native Title Act (1993) will be amended on 11 April 2011. The new instrument, the Native Title (Notices) Determination 2011 (No. 1), revokes and replaces the Native Title (Notices) Determination 1998 (the previous determination).

The revised instrument clarifies and defines terms which have created some uncertainty for stakeholders and brings the instrument in line with the Act following recent legislative amendments. All changes to the previous determination are outlined in the Explanatory Statement.

All stakeholders will be required to comply with the new notice requirements from 11 April 2011.

Consultation on possible governance and future acts reforms

Discussion paper

The Attorney-General and the Minister for Families, Housing, Community Services and Indigenous Affairs released the discussion paper titled "Leading Practice Agreements: Maximising Outcomes from Native Title Benefits" on 3 July 2010. The paper called for public consultation on a possible package of reforms to promote leading practice in native title agreements and the governance of native title payments.

View the details of the consultation and the submissions on the Consultation on possible governance and future acts reforms page.

Native Title Amendment Act (No.1) 2010

The Native Title Amendment Act (No.1) 2010 was given Royal Assent on 15 December and commenced on 16 December 2010. The amendments in the Act create a new native title process for the timely construction of public housing and infrastructure in communities on Indigenous held land which is, or may be, subject to native title. The new process provides for consultation with native title parties about the delivery of housing and infrastructure, and ensures native title is not extinguished by these projects. It also provides for compensation where native title is affected. By facilitating the construction of housing and infrastructure in Indigenous communities, these reforms are intended to assist the Government’s Closing the Gap agenda.

The Native Title (Notices) Amendment Determination 2010 (No.1) commenced at the same time as the Amendment Act. The Amendment Determination amends the Native Title (Notices) Determination 1998 to set out how notice must be given for acts that are covered by the new process established by the Amendment Act.

Consultation on possible amendments to prescribed bodies corporate regulations

The Government is working on amendments to the Native Title (Prescribed Bodies Corporate) Amendment Regulations 2010 under the Native Title Act 1993. For further information see the Prescribed bodies corporate page.

Possible historical extinguishment amendment

On 14 January 2010, the Attorney-General released draft legislation detailing a proposed amendment to the Native Title Act 1993. This proposed reform would allow parties to agree to disregard the historical extinguishment of native title in areas of land set aside for the purpose of preserving the natural environment, in certain circumstances. The reform would not affect any existing interests in the area.

Submissions on the possible reform closed on 19 March 2010.

Submissions received on possible historical extinguishment amendment

Confidential submissions received from individuals and/or organisations have not been included on this site.

Native Title Amendment Act 2009

The Native Title Amendment Act 2009 was given Royal Assent on 17 September and commenced on 18 September 2009. The measures in the Act introduce a number of improvements to the native title system including the institutional change the Attorney-General announced on 17 October 2008 and minor native title amendments. Information on the effects of the measures in the Act is available here:

Institutional reform

The institutional change gives the Federal Court of Australia the central role in managing all claims, including determining whether claims will be mediated by the Court, the National Native Title Tribunal or another individual or body. The Court has significant alternative dispute resolution experience and has achieved strong mediated results in the past. Having one body control the direction of each case means that the opportunities for resolution can be more readily identified and the efforts of the parties best focussed.

Minor native title amendments

The Attorney-General released a discussion paper in December 2008 on possible minor amendments to the Native Title Act 1993. The discussion paper was published on the Attorney‑General’s Department’s website and was distributed to over 70 stakeholders, including:

  • Native Title Representative Bodies
  • the Federal Court, the National Native Title Tribunal and the Australian Human Rights Commission
  • representatives from the mining, agricultural and fishing industries
  • State and Territory Governments
  • the Law Council of Australia
  • State and Territory Bar Associations, and
  • native title barristers and anthropologists.

A copy of the discussion paper is available here:

Submissions received on the minor native title amendments

These are the submissions received in response to the discussion paper:

Submissions were open from 23 December 2008 until 16 February 2009. Extensions were also granted beyond the submission period.

Confidential submissions received from individuals and/or organisations have not been included on this site.

Senate Inquiry into the Native Title Amendment Bill 2009

On 19 March 2009, the Senate referred the Native Title Amendment Bill 2009 to the Senate Standing Committee on Legal and Constitutional Affairs for inquiry and report. On 13 May 2009, the Senate Committee released its report and the sole recommendation was that the Bill be passed without amendment.

More details of the Senate inquiry are available at Inquiry into the Native Title Amendment Bill 2009.

2007 reforms

To view the 2007 reforms, go to the 2007 native title reforms page.