- The ALRC Native Title Final Report contains 30 recommendations for reform.
- Recommendations focus on ‘connection’ requirements, the content of native title, authorisation and joinder.
- There are complex interactions between the Aboriginal Land Rights Act 1983 (NSW) and the Native Title Act 1993 (Cth).
The Australian Law Reform Commission’s Final Report, Connection to Country: Review of the Native Title Act 1993 (Cth), was tabled on 4 June 2015. The Report sets out ALRC findings – based on extensive examination of native title laws and more than 160 consultations around Australia – and makes 30 recommendations for reform.
New South Wales does not have extensive areas where native title might be recognised. Nonetheless, there have been five determinations that native title exists and, at time of reporting, 21 registered claims. The Aboriginal Land Rights Act 1983 (NSW) provides that certain Crown land can be claimed by Aboriginal land councils on behalf of Aboriginal people. This process is independent of the claims process under the Native Title Act (‘the Act’). The Report outlines some of the complex interactions between the two statutes.