NSW Government Chooses to Weaken Aboriginal Land Rights

The NSW Aboriginal Land Council (NSWALC) says the Minns Government has chosen to weaken Aboriginal land rights rather than fix decades of delay and administrative failure.

The Crown Land Management Amendment (Statutory Review) Bill 2026 passed NSW Parliament today despite sustained opposition from NSWALC, Local Aboriginal Land Councils and land rights supporters.

NSWALC Chairperson Dr Ray Kelly said Aboriginal people were being forced to pay for government failure.

“The Government created the backlog. Instead of fixing their system, determining claims or negotiating with the Land Rights Network, Labor changed the law and weakened our rights,” Dr Kelly said.

“More than 44,000 claims remain undetermined. The Minns Government has recently spent more energy attacking lawful Aboriginal land claims than resolving them.”

Claims made under the Aboriginal Land Rights Act 1983 (ALRA) have been portrayed as threats to public assets, iconic places and local communities.

“Misinformation fuelled fear and resentment towards Aboriginal people for exercising rights provided under NSW law. Labor used racial division for political gain and now needs to explain how it plans to rebuild trust with Aboriginal communities.”

The ALRA was introduced by a Labor government to recognise the spiritual, social, cultural and economic importance of land to Aboriginal people and provide compensation for dispossession.

“Labor once understood why land rights were needed,” Dr Kelly said.

Many parcels returned through the claims process carry restrictions, poor access, remediation costs and other liabilities.

“Now a Labor government has weakened the very rights its own legislation was created to protect.”

After more than 42 years of land rights, only 0.2 per cent of NSW has been returned through the claims process. That is less land than the entire ACT.

“The figures expose the truth. Aboriginal people have received only a fraction. And in most cases, Local Aboriginal Land Councils often carry the cost and risk of turning neglected land into housing, businesses and community assets. The Government has chosen to portray that work, and lawful Aboriginal ownership, as a threat.”

NSWALC said the Bill contradicted Labor’s own ethics, and stated commitments to Closing the Gap, genuine partnership and Aboriginal self-determination.

“The government cannot claim to support Aboriginal communities while passing laws that weaken our rights. Aboriginal land rights are human rights. They must never be traded for political advantage” Dr Kelly said.

NSWALC acknowledged the Local Aboriginal Land Councils, unions, community organisations and parliamentary representatives who opposed the Bill.

Their advocacy secured important amendments, including removing a provision that would have treated the granting of a Crown land lease as lawful use in itself.

“Without the strength of the Land Rights Network and our supporters, this legislation would have been worse,” Dr Kelly said.

“But the central fact has not changed. Labor chose legislation over negotiation and politics over principle.

“Aboriginal people and Land Council members are voters. Our network will know who defended our rights, who stayed silent and who voted to weaken them.

“We will not forget. NSWALC and the Land Rights Network will keep defending the rights our Elders and land rights warriors fought to secure.

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.