Evaluation of amendments to the Native Title Act 1993
Submission Date: 27 November 2025
The Law Council of Australia provided comments to the Attorney-General’s Department (the Department) on its consultation paper of October 2025, entitled “Evaluation of amendments to the Native Title Act 1993”.
This submission is informed by input from the Law Institute of Victoria, Law Society of NSW, Law Society of South Australia and Queensland Law Society, as well as the Law Council’s Indigenous Legal Issues Committee and National Human Rights Committee.
The Law Council takes the view that the amendments made by the Native Title Legislation Amendment Act 2021 (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 is broadly supported, particularly in relation to empowering native title groups, clarifying governance, and streamlining agreement-making. This submission identifies aspects that may require further clarification or refinement.
The Law Council notes that the Australian Law Reform Commission is currently conducting a review of the Future Acts regime in the Native Title Act 1993 (NTA). Its report is due on 8 December 2025. Those findings and recommendations may also be relevant to the issues under consideration in this review.
Last Updated on 05/12/2025
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