Commonwealth Attorney-General Mark Dreyfus has announced that the Australian Law Reform Commission (ALRC) would review the Native Title Act to “rectify any inefficacy, inequality or unfairness”.
The purpose of the Native Title Act is to ensure traditional owners fully enjoy their native title rights. In the interests of equality, native title holders’ rights should receive the same protection as those of freehold land owners. Although native title determinations tend to make the news, the Native Title Act also regulates third party activity on native title land. Any future activities that would affect native title are referred to as “future acts”. Future acts may include, for example, grants of land, mining, agriculture, construction, and so on.
The inquiry will focus on the future acts provisions, and Australia’s obligations under the UN Declaration on the Rights of Indigenous Peoples (UNDRIP).
