15 September, 2026
The NSW Aboriginal Land Council understands that the NSW Government will bring back the Crown Land Management Amendment Bill 2026 before Parliament today.
Despite sustained opposition from NSWALC and Local Aboriginal Land Councils across the state, the Bill retains retrospective provisions that would validate certain past Crown land dealings and decisions, including actions that may otherwise have been legally ineffective.
NSWALC Chairperson Dr Raymond Kelly said the Government had been repeatedly warned that Aboriginal communities should not bear the consequences of failures in Crown land administration.
“Retrospective law-making is not an acceptable substitute for properly administering Crown land and determining Aboriginal land claims in accordance with the law,” Dr Kelly said.
“While some changes have been made, they do not resolve our central concerns. The Bill remains retrospective and still does not require the concurrence of the Minister for Aboriginal Affairs before decisions are made that may adversely affect Aboriginal land rights.”
“Land rights should not be treated as an administrative inconvenience or an obstacle to be removed when government agencies fail to properly manage Crown land.”
NSWALC rejects misleading claims that the Aboriginal land claims process places homes, essential infrastructure or well-used public facilities at automatic risk. The Aboriginal Land Rights Act 1983 already contains clear statutory tests governing whether Crown land is claimable, including protections for land that is lawfully used or occupied or needed for an essential public purpose.
Each claim must be determined on its individual facts and according to the law.
The real problem is the Government’s failure to determine claims. Approximately 43,000 Aboriginal land claims remain unresolved, while the number of determinations has fallen substantially in recent years.
“The Government should be directing its efforts toward reducing the claims backlog, negotiating outcomes and returning land to Aboriginal communities, not retrospectively validating administrative failures,” Dr Kelly said.
“NSWALC’s position is clear and unambiguous: the Bill should be withdrawn.”
NSWALC calls on all Members of Parliament to carefully consider the Bill’s implications for the rule of law, existing legal rights, human rights and the integrity of the Aboriginal land rights system before voting on it.
“If the Government is determined to proceed, Parliament must insist on meaningful safeguards, including concurrence from the Minister for Aboriginal Affairs and strict limits on any powers affecting land under claim.”
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Responsible reporting matters NSWALC calls on journalists to report on Aboriginal people fairly, accurately and responsibly. We are real people, families and communities, not clickbait. Sensational headlines, harmful stereotypes, misleading claims and one-sided reporting have consequences beyond clicks, views and engagement. Fuelling racism, hatred and violence expose Aboriginal people, families, communities and organisations to harassment, threats and abuse. Before publishing, consider whether the headline, language, images and framing inform the public or encourage hostility, blame and division. The Australian Parliament’s current Inquiry into Racism, Hate and Violence Directed at Aboriginal and Torres Strait Islander People is examining these harms. NSWALC urges media organisation to recognise its responsibility and ensure its reporting does not contribute to harm. |