7 September, 2026
NSWALC has prepared a fact sheet outlining the NSW Governments proposed amendments to the tenure validation and variation provisions in the Crown Land Management Amendment (Statutory Review) Bill 2026.
Following advocacy from NSWALC and the Land Rights Network, the NSW Government has proposed several changes to the Bill. These include:
- removal of the provision that could have treated the granting of a Crown land lease as a lawful use under other legislation, including the Aboriginal Land Rights Act 1983 (ALRA).
- minimum 28-day consultation period for LALCs where an undetermined Aboriginal land claim may be affected.
- requirement to provide relevant information about the tenure.
- prohibition on delegating the Minister’s validation and variation powers.
- limitation of the variation power to minor errors.
- requirement to provide affected parties with the decision and reasons.
These changes improve transparency and show the impact of the Network’s advocacy. However, NSWALC’s central concern remains unresolved. The Bill would still allow Crown land tenures to be validated or varied retrospectively, including over land subject to an undetermined Aboriginal land claim.
While a claimant LALC and the Minister administering the ALRA must be consulted, their agreement is not required. The Minister must consider the impact on an existing Aboriginal land claim, but the Bill does not expressly prevent a validation or variation that may prejudice an undetermined claim.
The NSW Government’s assurance that land already granted to LALCs will not be affected fails to protect the significant number of claims awaiting their determination.
At the same time, the NSW Government is creating harmful media coverage about Aboriginal land claims, driving division and deficit discourse rather than addressing their failure in determining claims. NSWALC has written to the Minister outlining these concerns and calling for the Bill to be withdrawn.
NSWALC’s position remains unchanged. We cannot support legislation that retrospectively validates Crown land tenures without adequate protection for undetermined Aboriginal land claims.
Further engagement and a strong, united Network voice are critical. LALCs are encouraged to:
- update their members about the Bill and its potential impact
- speak with their local Member of Parliament
- sign and share the petition calling for the Bill to be withdrawn
The Government intends to resume debate in mid-September. NSWALC will review the final parliamentary amendments and keep the Land Rights Network informed.