NSW Bill Lets Aboriginal Land Councils Transfer Land Back to the State; New Rules for Handling Native Title and Compensation Agreements

Aboriginal Land Rights Amendment Bill 2026

14 Oct 2026: MPs in the first house are debating whether this bill is a good idea in principle.

1st House

2nd House

Assent

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Topics

Indigenous affairs Indigenous rights land management land use native title

Introduced by: The Hon John Graham MLC (ALP) — Minister for Music and the Night-time Economy, Minister for the Arts, Minister for Transport, Special Minister of State; The Hon David Harris MP (ALP) — Minister for Aboriginal Affairs and Treaty, Minister for Gaming and Racing, Minister for Medical Research, Minister for the Central Coast, Minister for Veterans

Links to official parliament websites

Official page: progress through parliament

Effects of this bill

If this bill passes, it means that:

Aboriginal Land Councils can transfer vested claimable Crown land to the State. These transfers must respect existing native title rights, easements, forestry rights, and any other interests named by the Minister for Crown Lands.
Aboriginal Land Councils are exempt from native title restrictions when transferring or subdividing vested claimable Crown land for the purpose of giving that land to the State.
Aboriginal Land Councils are exempt from native title restrictions when entering into an indigenous land use agreement, provided the State is a party or the State Minister is satisfied that compensation liabilities are handled correctly.
The State Minister can ask an Aboriginal Land Council for information about a registered or draft indigenous land use agreement. The State Minister can also create guidelines on how to handle State compensation liabilities for these agreements.
An Aboriginal Land Council can only give the State Minister information about an agreement if all parties to that agreement agree to it.

News articles and press releases

Aboriginal Land Rights Amendment Bill 2026

Hon. David Harris MP, NSW Minister for Aboriginal Affairs and Treaty — 2026-09-16

Even where an Aboriginal land council and native title holders agree on a proposed land dealing by the land council, the land dealing cannot proceed in the absence of an approved determination from the Federal Court. The current legislative framework results in lost opportunities and does not produce the outcomes sought by Aboriginal land councils, native title holders and claimants, government or industry. The bill delivers sensible reform that provides a remedy for these issues. The bill will give Aboriginal land councils additional pathways for dealing with land under the Land Rights Act if the dealing is authorised under an Indigenous land use agreement that is registered under the Commonwealth Native Title Act.