NSW Parliament has passed a shake up of Crown land laws, alongside a series of amendments aimed at addressing concerns raised by the state’s Aboriginal land councils over how the changes would affect land rights claims.
The Crown Land Management Amendment (Statutory Review) Bill 2026 passed on Wednesday, 16 September, following an extensive review of the Crown Land Management Act 2016 and consultation with stakeholders across the state.
The reforms establish clearer goals for the use and management of Crown land, and aim to provide greater certainty for land managers, tenure holders and community organisations using Crown land assets such as parks, showgrounds, sporting facilities and halls. The Bill also strengthens recognition of native title rights and interests, and sets out a clearer path for addressing Aboriginal land claims where Crown land is being actively used by the community.
The changes followed strong opposition from the New South Wales Aboriginal Land Council and the Land Rights Network. NSWALC said the Bill, as reintroduced, retained retrospective provisions validating certain past Crown land dealings and decisions, including some that may otherwise have been legally ineffective, while more than 44,000 Aboriginal land claims remained unresolved across the state.
NSWALC also rejected claims that the Aboriginal land claim process placed homes, essential infrastructure or well used public facilities at automatic risk, saying the Aboriginal Land Rights Act 1983 already contained clear statutory tests governing whether Crown land was claimable, including protections for land that was lawfully used or occupied, or needed for an essential public purpose. The organisation called on all Members of Parliament to carefully consider the Bill’s implications for the Aboriginal land rights system before voting on it.
Following concerns raised by NSW Local Aboriginal Land Councils, the Government made a series of amendments to the Bill before it passed. These included removing a provision that a lease be considered a lawful use, legislating a minimum 28 day consultation period with land councils and the Minister for Aboriginal Affairs where an undetermined Aboriginal land claim may be affected by a tenure validation or variation, and placing tighter limits on what errors can be retrospectively validated.
Minister for Lands and Property Steve Kamper said the reforms would modernise the system while protecting community assets.
“Crown land is where communities come together. It’s parks, showgrounds, sporting facilities, community halls, and nature reserves that people use and value every day,” Mr Kamper said.
“We have listened to Aboriginal stakeholders and strengthened the legislation to help strike the right balance between protecting our vital community assets, while ensuring Aboriginal land rights are appropriately considered.”
“Importantly, these reforms will also help ensure Crown land continues to deliver public benefit for generations to come.”
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