Evaluation of amendments to the Native Title Act 1993 made by the Native Title Legislation Amendment Act 2021

Overview

Under the Native Title Act 1993 (Native Title Act), the Attorney-General must arrange for an evaluation of the amendments made to the Act by the Native Title Legislation Amendment Act 2021 (2021 Amendment Act). The Attorney-General must also table a report of that evaluation in each House of Parliament within 15 sitting days of its completion. The evaluation must be completed by 25 March 2026.

The 2021 Amendment Act introduced a range of measures. This included amendments about:

• native title applicants’ duties and decision-making
• registration of Indigenous Land Use Agreements and coverage of body corporate agreements
• disregarding historical extinguishment in national and state parks
• Registered Native Title Bodies Corporate (RNTBCs) bringing compensation applications
• governance of RNTBCs
• the National Native Title Tribunal’s assistance in dispute resolution
• section 31 agreements.

Terms of reference

The Attorney-General has asked us to undertake the evaluation.

This includes targeted consultation to evaluate whether the amendments are achieving their stated objectives (see Explanatory Memorandum, Native Title Legislation Amendment Bill 2020 (Cth)). The objectives were to:

• give greater flexibility to native title claim groups to set their internal processes
• streamline and improve native title claims resolution and agreement-making
• allow historical extinguishment over areas of national and state park to be disregarded where the parties agree
• increase the transparency and accountability of RNTBCs
• create new pathways to address native title-related disputes arising following a native title determination
• confirm the validity of agreements made under Part 2, Division 3, Subdivision P of the Native Title Act (section 31 agreements) following the decision in McGlade v Native Title Registrar & Ors [2017] FCAFC 10.

The consultation will also be used to identify any need for adjustments to the introduced measures.

Who we want to hear from

This consultation is open to everyone. We encourage people who interact with the native title system to share their experiences of the operation of the amendments. This includes:

• Aboriginal and Torres Strait Islander people who have interacted with the native title system (for example, as claimants, through Indigenous Land Use Agreements and as a member of a RNTBC)
• legal practitioners, mediators and other professionals who provide a range of supports and services to people in the courts.

Feedback is invited by 5 pm, Friday 28 November 2025. Please note that feedback may be made publicly available and will generally be subject to freedom of information provisions. Please indicate if you wish your submission to be confidential. If you would like to discuss your feedback in person or via a video or phone call, please contact us via nativetitle.engagement@ag.gov.au to make the necessary arrangements.