ALRC proposes reforms to Future Acts Regime under the Native Title Act

The future acts regime is a key part of the Native Title Act that governs how activities such as mining, infrastructure development, and land use can proceed on land subject to native title. Understanding the current proposals for reform is essential for parties involved in land access and agreement-making processes.

The Australian Law Reform Commission (ALRC) has released a discussion paper that proposes major changes to the future acts regime under the Native Title Act. Submissions on these proposals were due 10 July 2025, and the final report is expected in December 2025. As the consultation period ends, several important developments require close attention.

The final recommendations from the ALRC will influence the direction of native title law. The government’s response will determine how quickly and broadly any legislative changes will occur.

Reforms to cultural heritage protection at the Commonwealth level are happening at the same time. The way these changes interact with the future acts regime, particularly the role of Prescribed Bodies Corporate (PBCs) in making decisions about cultural heritage, will be important.

National guidelines for assessing the impact of future acts and for setting standards in agreement-making are expected. These guidelines aim to bring greater clarity and consistency to the process of categorising future acts and negotiating agreements, which should help reduce confusion and inefficiency.

Proposals include creating a permanent capital fund to support the core operations of PBCs and providing more flexible funding for native title representative bodies and service providers.

The ALRC suggests giving the National Native Title Tribunal a larger role in resolving disputes and overseeing agreements. This includes offering better support for parties involved.

We will follow these developments as the reform process continues.

If you would like to understand how these proposed reforms may affect your organisation or projects, please reach out to our native title and cultural heritage expert, Peter Kupniewski.

This article provides general commentary only. It is not legal advice. Before acting on the basis of any material contained in this article, seek professional advice.

With a sophisticated understanding of the approval processes, our native title and cultural heritage experts are well-placed to support the successful delivery of major projects.

Our experience includes drafting and negotiating agreements with native title holders, claimants and traditional owners throughout Australia with particular experience advising on behalf of energy, resource and infrastructure clients. From native title agreements and cultural heritage management plans, to advising on the effects of native title and cultural heritage on our clients' interests, we are here to help.

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