28.11.2024
The Australian Law Reform Commission (ALRC) today released its Issues Paper in its review of the future acts regime in the Native Title Act 1993 (Cth), calling for submissions to the Inquiry.
ALRC Commissioner Tony McAvoy SC, a Wirdi man, commented on the Issue Paper’s release: “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 is the legal framework that sets out the processes and requirements that apply when native title rights and interests are impacted by certain actions, such as the grant of a mining lease or building of public infrastructure.
The Issues Paper introduces the Inquiry and the future acts regime and provides an overview of some important issues identified so far. These issues include:
- Resourcing and capacity to support engagement with the future acts regime;
- Agreement-making and procedural rights under the regime;
- Alternative regimes, and how the current future acts regime interacts with other legislation;
- Whether the regime is achieving its goals as stated in the preamble to the Native Title Act, and a lack of data to assess performance; and
- The suitability of the regime for new and emerging industries.
The Issues Paper also asks five questions to help guide submissions. These questions focus on important issues for the Inquiry to consider, including what works well in the future acts regime, ideas for reform, what an ideal future acts regime would look like, and nominating any important issues the ALRC hasn’t yet identified.
The Issues Paper has been developed following extensive initial work by the ALRC, and in consultation with the expert Advisory Committee appointed to the Inquiry. Advisory Committee members bring valuable experience, expertise and perspectives, with members including highly regarded Native Title holders and representative body members, government officials, legal experts, industry leaders, and academic experts.
Submissions are now open in response to the Issues Paper. The ALRC is calling for input from First Nations communities and their representatives, industry and business, governments, and the public. Organisations and individuals are invited to provide submissions until 21 February 2025.
The ALRC will continue consultations throughout 2025, and will also publish a Discussion Paper, which will present more detail on options for reform, in response to which the ALRC will also invite submissions.
Background
Commonwealth Attorney-General, the Hon Mark Dreyfus MP KC, 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 Mordecai 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 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: 0436 940 119
E: comms@alrc.gov.au
W: www.alrc.gov.au