10 September, 2026
For the past five months, NSWALC and the NSW Aboriginal Land Rights Network have sought to work constructively with the NSW Government on amendments to the Crown Lands Management Amendment Bill, which was introduced into NSW Parliament with no notification or consultation with the Aboriginal Land Council Network. For which the Network at large opposed.
The Aboriginal Land Rights Act 1983 exists in response to the dispossession of Aboriginal people from our land without compensation. It is a landmark piece of legislation that NSW should be proud of.
The return of land supports housing, employment and economic prosperity not only for Aboriginal communities but for communities more broadly.
It has now become important for some facts to be inserted into the public narrative regarding Aboriginal land claims that is currently being discussed.
The Aboriginal Land Rights Act, over more than 40 years, has returned just 0.2 per cent of Crown land to Aboriginal ownership.
A land claim does not result in the automatic transfer of land to an Aboriginal Land Council– it is up to the government to determine land claims against a strict statutory criteria in the Aboriginal Land Rights Act.
If land was lawfully used or occupied, or needed for an essential public purpose, it will not result in a successful land claim determination.
There has been a significant decline in the NSW Government’s determinations of Aboriginal land claims, which creates uncertainty. There has not been a land claim determination since 3 June 2026. The determination of Aboriginal land claims is the responsibility of the NSW Government. At a time when approximately 43,000 claims remain unresolved, allowing months to pass without a single determination is unacceptable.
NSWALC and the Network have put forward proposals and there are legislative pathways available to reduce the backlog of unresolved land claims. The Government must prioritise resolving land claims so that Aboriginal communities can share in the prosperity and benefits generated through the return of land, and continue to create meaningful and lasting economic opportunities for our Communities and the broader Community.
Many of the land claims now being presented in the media as new or emerging were lodged many years ago – some more than a decade ago. If a claim has remained unresolved for a decade, the question should not be why an Aboriginal Land Council lodged it, the question should be why it has not been determined yet.
The characterisation of Aboriginal land claims as a threat to iconic public assets or that may result in community facilities being lost or closed, is offensive, irresponsible and misleading. It misrepresents both the purpose and operation of the Aboriginal Land Rights Act and encourages public hostility towards Aboriginal Land Councils and Aboriginal peoples.
This language creates a false and offensive distinction between Aboriginal ownership and the public interest. LALCs are local Aboriginal community institutions. Our members live in the communities where we operate, and our families attend the same schools, and use the same services and public facilities as the broader community. LALCs have a longstanding record of protecting existing community assets and supporting the provision of land for new services.
Public debate about the Bill must be based on these facts. Characterising Aboriginal land claims as a threat to other members of the community are false and risks contributing to hostility towards Aboriginal people.
We all have a responsibility to combat racism and support social cohesion. We call on the media and the NSW Government to cease mischaracterising Aboriginal land claims and we respectfully ask the NSW Government to correct the public record and ensure future communication accurately explains the statutory Aboriginal land claim process.
| About NSWALC NSWALC is the State’s peak representative body in Aboriginal Affairs and aims to protect the interests and further the aspirations of the 121 NSW Local Aboriginal Land Councils and the broader Aboriginal community. It was established in the 1970s to assist in the fight for land rights and was formally constituted as a statutory corporation under the New South Wales Aboriginal Land Rights Act in 1983. NSWALC is the largest member-based Aboriginal organisation in NSW. |