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Comments on the draft terms of reference for the ALRC Review of the Native Title Act 1993

Publication date
Type
Submission
Nick Duff
Dr Lisa Strelein
Dr Tran Tran

In this submission to the Australian Law Reform Commission (ALRC), AIATSIS provides comments on the draft terms of reference for the ALRC Review of the Native Title Act 1993.

While welcoming the inclusion of connection, authorisation and joinder issues in the terms of reference, AIATSIS recommends that the scope of the Review be expanded to allow the Commission to also consider:

  • Extending the disregarding of historical extinguishment
  • Strengthening the right to negotiate
  • Clarifying the application of the expedited procedure
  • Providing for more coherent interaction between native title rights and interests and statutory regimes for the management of land, water and other natural resources.