UPDATE ON THE CROWN LAND MANAGEMENT BILL

The New South Wales Aboriginal Land Council (NSWALC) met this week to discuss the NSW Government’s proposed amendments to the Crown Lands Management Amendment Bill (the Bill), which were received on Friday 19 June 2026. 

A KEY WIN

NSWALC acknowledges the proposed amendment to remove one of the most egregious provisions of the Bill (s.5.20B(4)) which 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. 

The proposed deletion of this provision reflects the unified and sustained advocacy undertaken by NSWALC and the Aboriginal Land Rights Network. 

NSWALC acknowledge this improvement to the Bill would not have happened without the many Local Aboriginal Land Councils that joined united to strongly oppose the Bill. 

CONSULTATION TIMEFRAME

The timeframe proposed by the NSW Government for consultation on the amendments to the Bill is less than one month. 

NSWALC calls on the NSW Government to extend the timeframe for feedback by two weeks (to the 31 July 2026) to allow for the Network to consider the amendments, receive advice and provide responses back to the NSW Government. 

ELEMENTS OF THE BILL

NSWALC have heard from the Network that there is strong opposition to the discriminatory elements of the Bill. We continue to be concerned that the Bill contains provisions that would adversely affect Aboriginal land rights. 

In particular we are concerned that the:

• The Minister retains retrospective validation powers capable of legalising otherwise invalid Crown land holdings after the fact.
• Existing Aboriginal land claims, the backlog of 43,000 Aboriginal land claims, and future claims may continue to be adversely affected by decisions to validate Crown land tenures.
• There is no requirement for the Minister to obtain the agreement of affected Aboriginal Land Councils or for the Minister for Aboriginal Affairs to agree to the proposed validation.
• The Minister may lawfully proceed with a validation decision even where significant impacts on an Aboriginal land claim are identified, the affected Aboriginal Land Council strongly objects or alternative options are available that would better protect Aboriginal interests.
• The proposed amendments require the Minister to consider impacts on Aboriginal land claims, including cultural, social and economic impacts. However, consideration alone provides limited protection.
• The consultation period proposed by Government is insufficient to allow meaningful consideration by Local Aboriginal Land Councils and Aboriginal communities.
• The Bill continues to diminish long-standing public interest safeguards that govern the use of reserved and dedicated Crown lands.
• Broad regulation-making powers may permit future uses and interests over Crown land without adequate statutory safeguards.
• New powers allowing entry onto neighbouring lands and issuing directions to adjacent landowners remain unnecessary and disproportionate.
• The Bill continues to transfer risks associated with contamination and environmental damage to Aboriginal Land Councils in circumstances where such harm occurred during Crown ownership.

For further information on the Bill and the proposed Government amendments, please see the NSWALC Fact Sheet available at the link here.

OUR ASK

NSWALC calls on the Government to make further amendments to the Bill. These include: 

• That any decisions made to validate or change a Crown land holding that may affect Aboriginal land claims can only be made with the concurrence (agreement) of the Minister for Aboriginal Affairs.
• Where there is an undetermined land claim and before exercising powers to validate or change a Crown land holding, that the Minister must consider whether a community facility, service or activity is already protected through existing laws, planning controls or zoning and whether there are other ways to protect a community facility, service or activity without affecting an Aboriginal land claim.
• That Aboriginal Land Councils must receive all relevant information during consultation, including copies of any lease or licence and details of the claimed community benefit.
• That consultation periods must be a minimum of 28 days and not be reduced in regulations.
• That any land that is validated because it provides a community benefit must remain restricted to that purpose. That decisions to validate Crown land holdings must be made by the Minister and not delegated to another person.

NSWALC would like to take this opportunity to thank the Network for its continued advocacy, unity and mobilisation against the Bill. 

Together we stand, divided we fall.