Network Message: Tranche 3 of the 2021 ALRA Review

The 2021 statutory review of the Aboriginal Land Rights Act 1983 recommended a three-stage program of reform. The first two stages progressed primarily administrative and operational amendments, while Tranche 3 was intended to consider more significant policy and structural reforms.

The five themes identified for Tranche 3 are:

• Aboriginal Culture and Heritage – strengthening and clarifying the role of Aboriginal Land Councils in protecting culture and heritage and exercising cultural authority.
• Strategic Land Use and Activation – removing barriers to the use and development of Aboriginal land for economic, community and cultural purposes.
• Compensation – strengthening the compensatory intent of the ALRA and improving the fairness, timeliness and sustainability of land return and compensation arrangements.
• Compliance and Regulation – ensuring governance, compliance and regulatory requirements are effective, proportionate and support the diverse needs of the Network.
• Social Housing – enabling greater housing development and home ownership opportunities on Aboriginal Land Council land.

Aboriginal Affairs NSW (AANSW) has advised that it wants to engage further with NSWALC and the Network to discuss these themes and develop more detailed reform options. This will provide an opportunity to expand on the original proposals, identify areas requiring additional reform and ensure that any changes respond to the practical experiences and priorities of LALCs.

The next phase will build on what the Network has already told NSWALC through previous surveys, roundtables, regional forums and other consultation. This includes the need to accelerate land return and activation, reduce unnecessary regulatory barriers, strengthen culture and heritage protections, improve governance arrangements and support the long-term sustainability of LALCs.

NSWALC is working with AANSW on the engagement approach, with consultation expected to commence in 2027. NSWALC will provide further information about how LALCs can participate once the engagement process and timing have been settled.

It is important that Tranche 3 is shaped by the Land Rights Network and results in reforms that strengthen, not diminish, Aboriginal Land Rights in NSW.