22.05.2025
The Australian Law Reform Commission (ALRC) today released its Discussion Paper in its review of the future acts regime in the Native Title Act 1993 (Cth).
The Discussion Paper sets out a number of questions and proposed reforms for feedback. Organisations and individuals with an interest in the Inquiry are invited to provide submissions until 10 July 2025.
ALRC Commissioner Tony McAvoy SC commented regarding the Discussion Paper’s release:
“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 added:
“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 is the legal framework that sets out the processes and requirements that apply when native title rights and interests are affected by certain actions, such as the grant of a mining lease or building of public infrastructure.
To date, the ALRC has conducted more than 60 consultations with more than 200 consultees, received more than 40 submissions in response to the Issues Paper, and attended events around the country to discuss the Inquiry. The ALRC has held two expert Advisory Committee meetings and will continue to consult extensively, before publishing a Final Report, due to the Attorney-General on 8 December 2025.
Background
The Commonwealth Attorney-General referred the Review of the Future Acts Regime to the ALRC on 4 June 2024.
The Inquiry’s Terms of Reference request the ALRC to consider the Native Title Act’s intent and the current operation of the future acts regime. The ALRC has been 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 future acts review is being led by Commissioner Tony McAvoy SC, a Wirdi man, accomplished barrister and native title expert, alongside the ALRC President, the Hon Justice Mordy Bromberg. The ALRC is to provide its final report to the Government by 8 December 2025.
Learn more about the review at www.alrc.gov.au/inquiry/review-of-the-future-acts-regime.
Links
Review of the Future Acts Regime Discussion Paper (2025)
Review of the Future Acts Regime Issues Paper (2024)
Submissions to the Review of the Future Acts Regime
Terms of Reference for the Review of the Future Acts Regime
ENDS
For more information contact:
Jez Hunghanfoo
Director of Communications and Engagement
P: 03 9959 5313
E: comms@alrc.gov.au
W: www.alrc.gov.au
