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Law Council of Australia


Sunsetting Native Title Instruments

20 May 2022

The Law Council welcomes the ongoing review and reform of the native title regime established pursuant to the NTA and acknowledges that the procedural activity associated with the regime gives rise to practical and operational issues and norms. In responding to the current review of legislative instruments, the Law Council continues to be guided by the core principles underpinning native title reform, including the need for authority, legitimacy and recognition of the communal character of native title law. It is generally supportive of reform measures that are designed to promote certainty and efficiency in native title decision-making, but as a general proposition emphasises that reform measures must not undermine the core principles or the international standards engaged by native title considerations, including, but not limited to, the right of selfdetermination and the right to free, prior and informed consent.

The Law Council has not undertaken a comprehensive analysis of the instruments currently under review but is pleased to provide the following preliminary comments on discrete issues.


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