NSW Aboriginal Land Councils and First Nations advocates are calling for support in opposing new changes to the Aboriginal Land Rights Act 1983 that could see existing claims revoked, and the intent of the act undermined.
Last month, the NSW Government introduced the Crown Land Management Amendment (Statutory Review) Bill 2026 in the Legislative Council. While government has introduced this amendment to “deliver a modern, sustainable and inclusive framework for managing Crown land”, peak body NSW Aboriginal Land Council holds concerns that some of the provisions of this legislation will erode the ability of First Nations peoples in NSW to make land claims.
Under existing provisions, Local Aboriginal Land Councils can make native claims on land that is unused, not needed, or not being used lawfully. These proposed changes seek to redefine land under lease as lawfully used land, even if there is no activity on the land, which would allow the government to block land claims on land that is not in use. Furthermore, these proposed changes would be retrospective and could defeat existing land claims.
With the proposed amendments perceived by government as minor, no consultation of the relevant First Nations stakeholders has been undertaken.
First Nations peoples are overrepresented in instances of housing insecurity and homelessness, making up 20% of the homeless population and 29% of Specialist Homelessness Service clients. Land claims allow Local Aboriginal Land Councils to lay claim to land that can then provide opportunities for housing and economic activity, as well as a level of self-determination for First Nations communities. This legislation should look to address systemic inequities and assist in the provision of essential services, like housing, for First Nations peoples, not undermine existing and future claims to land that could facilitate these better opportunities and outcomes.
Housing justice means justice for all!