Policy update - Review of the future acts regime

Under the Native Title Act, ‘future acts’ are activities done by government that affect native title, such as the grant of mining leases or pastoral leases, or the construction of new roads.

The section of the Native Title Act that deals with future acts is known as the ‘future acts regime’.

The Australian Law Reform Commission (ALRC), an independent statutory body, is conducting a review of the future acts regime. The review will focus on how the future acts regime operates, and how it can be improved so that it works more effectively and fairly.

The KLC has many concerns about how the future acts regime works. For native title holders, the current regime is discriminatory, unfair, retraumatising, and not fit for purpose. In February this year, the KLC made a detailed submission in response to the ALRC’s issues paper.

A sample of the issues the KLC raised are set out below:

The ALRC will release a discussion paper in May 2025, focusing on proposals for reform of the future acts regime. The KLC will make another submission at this stage outlining the changes that should be made to the future acts regime to make it fairer and more equitable.

If you have any comments or concerns you would like the KLC to consider including in our submissions about the future acts regime, please contact policy@klc.org.au.

To find out more about the review of the future acts regime, visit the ALRC website at www.alrc.gov.au/inquiry/review-of-the-future-acts-regime/.