Native Title Act 1993 to be Reformed: Federal Government Announces Proposed Changes

The Federal Government has announced it will seek reforms to the Commonwealth Native Title Act 1993 "to ensure a sustainable and fair native title system that creates economic and social opportunities for Indigenous Australians".

Making the announcement while speaking at the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) Native Title Conference in Townsville, the AG and the Minister for Families, Communities and Indigenous Affairs stated that: "20 years on from Mabo with native title well entrenched in Australian law, it was now time to look forward to shape the next 20 years".

Key measures announced include: 

• Improving the flexibility and scope of Indigenous Land Use Agreements, creating clear requirements for good faith in negotiations and allowing parties to form agreements about historical extinguishment of native title in parks and reserves.

• Clarification of the position with respect to income tax and capital gains not applying to payments from a native title agreement.

• Reforms to the Native Title Tribunal already announced in the budget.

The Minister for Families, Communities and Indigenous Affairs Ms Macklin also announced the terms of reference for a review of native title organisations, to ensure the system is delivering for Indigenous people and communities.

The review will examine not only Native Title Representative Bodies and Native Title Service Providers, but also consider the role and impact of other service providers to native title groups.

The Australian Government has also announced $7.8 million additional funding to support native title groups.

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Read the about the reaction of the National Farmers Federation.

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