Network Message: Crown Land Management Amendment Bill returns to Parliament

NSWALC understands that the NSW Government is proposing to return the Crown Land Management Amendment Bill to NSW Parliament today.

NSWALC continues to oppose the Bill and maintains that it should be withdrawn.

While the Government has made some amendments following advocacy by NSWALC and the Land Rights Network, the Bill retains its central retrospective provisions. These provisions would validate certain past Crown land dealings and decisions, including actions that may otherwise have been legally ineffective.

The Bill also continues to provide broad powers affecting Crown land under Aboriginal land claim, without the safeguards sought by NSWALC. It does not require the concurrence of the Minister for Aboriginal Affairs before decisions are made that may affect land rights.

NSWALC remains concerned that the Bill:

• operates retrospectively and undermines confidence in the rule of law.
• may affect land subject to unresolved Aboriginal land claims.
• gives the Minister for Lands broad decision-making powers without adequate safeguards.
• does not require concurrence from the Minister for Aboriginal Affairs.
• fails to properly address the underlying backlog of approximately 43,000 unresolved claims.
• risks shifting the consequences of government administrative failures onto Aboriginal Land Councils.

NSWALC has consistently made clear that essential public infrastructure, community facilities and legitimately occupied land are already protected under the Aboriginal Land Rights Act 1983. The existing land claims process requires each claim to be assessed against the statutory criteria.

NSWALC will continue to advocate for the Bill’s withdrawal and will engage urgently with Members of Parliament about its consequences for the Land Rights Network.

LALCs are encouraged to continue raising their concerns directly with their local Members of Parliament and other parliamentary representatives. NSWALC will provide further information, including the outcome of parliamentary consideration and any amendments, as soon as it is available.

For further information, contact policy@alc.org.au