CROWN LANDS BILL UPDATE: Proposed Amendments Received by NSWALC

Proposed amendments to the Crown Land Amendment Bill have been circulated from the NSW Government.

We are currently reviewing the amendments against the Network’s advocated position. We will provide detailed analysis of the amendments, alongside their implications to the Network, next week.

NSWALC has been clear since the Bill’s introduction that we oppose the egregious and discriminatory elements of the Bill, particularly in circumstances where it was introduced without consultation.

Through our Network’s unified and sustained advocacy efforts, we have secured the removal of one of the most egregious provisions of the Bill, that provided that a lease alone (without any physical activity on the land) makes land lawfully used. This contravened High Court decisions and allowed the Government to block land claims even where land wasn’t used. This is an important change to preserve the integrity of the land rights system in NSW.

In summary, the amendments:

• Retain powers for the Minister to validate or correct Crown land tenures. These powers would apply where there is a community benefit. The Minister must also consider impacts on existing Aboriginal land claims, including cultural, social, and economic impacts, before making a decision.
• Limiting tenure variations to correcting ‘minor errors’ that do not significantly increase the area, duration, or purpose of a tenure.
• Require formal consultation with affected stakeholders, including Aboriginal Land Councils with existing claims over the land, with a minimum 28-day submission period.
• Requiring the Minister to provide reasons for decisions to validate or vary tenures.
• Introduce annual public reporting on all validations and variations affecting land subject to Aboriginal land claims.

The Government is seeking feedback on the proposed amendments by 17 July 2026. While NSWALC welcomes the decision by the NSW Government to consult the Network on these changes, NSWALC notes that this is less than a month for the Network to consider the amendments, receive advice and provide a unified response back to government. For that reason, NSWALC calls on the NSW Government to extend this timeframe for feedback by a minimum of two weeks (to the 31 July 2026) to support more meaningful analysis and consultation with Local Aboriginal Land Councils.

NSWALC remains committed to advocating on behalf of the Network and Aboriginal Communities across NSW. We will continue to push for fair and meaningful amendments, genuine consultation, and outcomes that appropriately recognise and protect Aboriginal rights and interests.

More to come.

Together we stand, divided we fall.