24.06.2026
In a major report, the Australian Law Reform Commission (ALRC) has found unfairness, inefficiency, and discrimination in the ‘future acts’ regime — the law that regulates how and when native title rights and interests can be lawfully infringed by various acts and economic activities, mostly done by the mining and pastoral industries and by governments providing essential public services.
The ALRC has found that the regime fails to provide native title holders with fundamental protections when their property rights are infringed, undermining their ability to protect their interests, safeguard their culture and share in the economic benefits of development. In addition, government and industry face complex, uncertain and inefficient approval processes which result in wasted resources and significant delays to economic development.
To address these issues, the report, titled Fulfilling the Promise of Mabo: Reforming the Future Acts Regime in the Native Title Act 1993 (Cth), makes 86 recommendations to reform the future acts regime so that it can operate in a way that is efficient, fair and non-discriminatory.
On the tabling of the report, President of the ALRC, Justice Mordy Bromberg said:
“The future acts regime fails to provide native title holders with two fundamental protections when their property rights are infringed: fair and reasonable participation in decisions that affect those rights, and fair and timely compensation when infringement occurs. Meanwhile, governments and proponents face delays, complexity and mounting compensation liability — we can, and should, do better.”
Commissioner Tony McAvoy SC added:
“Throughout this inquiry, the ALRC consistently heard that the future acts regime is not fit for purpose and is failing to protect native title rights — undermining opportunity, culture, lore and spirituality. Our reforms are designed to deliver the fair processes and fair outcomes that communities deserve. They chart a path to a system where equality and economic development are achieved together. A future acts regime that is streamlined, efficient and predictable will deliver shared benefits for communities, regions and industries around the country.”
If implemented, the ALRC’s reforms would deliver a regime that fulfils the promise of the High Court’s Mabo decisions by: ensuring equality before the law and compliance with Australia’s international obligations; supporting fair processes and outcomes for native title parties; and providing greater certainty, efficiency and streamlined decision-making for governments and industry.
Key reforms recommended in the report include:
- Replacing wasteful and inefficient approvals processes with an impact-based approvals process that rationally determines the level of procedural protection owed to native title holders based on the nature and impact of the proposed future act — rather than an irrational and inflexible criteria based largely on which industry is seeking the approval.
- Providing native title holders with substantive protection through fair, just and timely access to compensation.
- Improving the framework for agreement-making and arbitral determinations as pathways to approval, through enhancing equality of bargaining between parties and expanding the National Native Title Tribunal’s ability to assist parties in negotiating agreements and its arbitral capacity to resolve disputes fairly and in accordance with Australia’s international obligations.
- Introducing Native Title Plans to enable native title holders to proactively contribute to the available approval processes.
- Providing clearer and more accessible pathways for compliance, enforcement and legal remedies.
- Improving resourcing and costs support for Prescribed Bodies Corporate (PBCs) to enable native title holders to participate effectively in the future acts regime, as well as to reduce delay and other inefficiencies experienced by industry as a result of under-resourcing.
Background
The future acts regime is the system within the Native Title Act that regulates when native title rights and interests can be lawfully infringed. Tens of thousands of future acts are done each year, mostly by the mining and pastoral industries, and governments providing essential public services.
The Commonwealth Attorney-General referred the Review of the Future Acts Regime to the ALRC on 4 June 2024 asking for recommendations for how the regime can be improved. This is the first review of the future acts regime since the Howard Government’s amendments to the Native Title Act in 1998, following the High Court of Australia’s decision in Wik Peoples v Queensland in 1996.
The Inquiry’s Terms of Reference requested the ALRC to consider the Native Title Act’s intent and the current operation of the future acts regime. The ALRC was asked to recommend reforms that provide for Australia’s current and future social and economic development in a way that protects the rights and interests of native title holders, as well as allowing communities, industry, business and government to navigate the regime effectively, fairly and efficiently.
The report is informed by more than 160 submissions, and extensive consultation and engagement around Australia with native title holders and First Nations communities, industry, governments, and legal practitioners.
The ALRC’s Review of the Future Acts Regime was led by Commissioner Tony McAvoy SC, a Wirdi man and one of Australia’s most eminent native title barristers, alongside ALRC President, the Honourable Justice Mordy Bromberg.
Learn more about the review at www.alrc.gov.au/inquiry/review-of-the-future-acts-regime.
Links
Fulfilling the Promise of Mabo: Reforming the Future Acts Regime in the Native Title Act 1993 (Cth) (ALRC Report 144)
- Final Report, Summary Report
- About the report: includes additional context, background, overviews, and resources
- Report launch webinar: hear from ALRC President Justice Mordy Bromberg and Commissioner Tony McAvoy SC on the Inquiry, the report, and the ALRC’s recommendations for reform, in a conversation moderated by ALRC Executive Director Ruth Barson.
ENDS
For more information contact:
Jez Hunghanfoo
Director of Communications and Engagement
P: 03 9959 5313
E: [email protected]
W: www.alrc.gov.au