Evaluation of Amendments to the Native Title Act 1993
11 December 2025
On 27 November 2025, the Law Council of Australia provided a submission to the Attorney-General’s Department for its evaluation of amendments to native title legislation made by the Native Title Legislation Amendment Act 2021 (2021 Amendment Act).
The 2021 Amendment Act introduced a range of measures including amendments concerning native title claimants’ duties and decision-making, historical extinguishment of native title in national and state parks, the National Native Title Tribunal’s role in dispute resolution and governance of Registered Native Title Bodies Corporate (RNTBCs).
The Law Council took the view that the amendments made by the 2021 Amendment Act have resulted in appropriate and meaningful improvements to the native title system, particularly in enhancing flexibility, transparency, and efficiency. The intent of the amendments made by the 2021 Amendment Act was broadly supported, particularly in relation to empowering native title groups, clarifying governance, and streamlining agreement-making. The submission identified certain issues that may require further clarification or refinement, particularly in respect of historical extinguishment of native title and the governance of RNTBCs.
The Law Council is grateful to its Indigenous Legal Issues Committee along with the Law Institute of Victoria, Law Society of NSW, Law Society of South Australia and the Queensland Law Society, for their contribution to this submission.
Last Updated on 09/12/2025
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