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You are here: Home › Land Rights › The Aboriginal Land Rights Act 1983 Alra › Legislative Review
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Statutory Review
The Aboriginal Land Rights Act 1983 (ALRA) requires the Minister to review the terms of the Act every five years from December 2006. Section 252A of the ALRA states:
The Minister for Aboriginal Affairs (the Minister) is to review the ALRA to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to the Aboriginal Land Rights Amendment Act 2006 and as soon as possible after the end of every period of 5 years thereafter.
The most recent review of the ALRA was undertaken in 2021. The 2021 review found the policy objectives of the ALRA remain valid and the terms of the ALRA remain functional and appropriate for securing its policy objectives.
A report on the outcome of the review was tabled in each house of the NSW Parliament on 26 November 2021, and subsequently published on the NSW parliamentary website.
The 2021 review recommended a three-stage reform process of a range of operational amendments.
The ALRA Amendment Act was stage 1 of the reform process and included amendments in relation to land dealings and community benefits, office holders of Aboriginal Land Councils, membership of Local Aboriginal Land Councils, conduct and disciplinary matters and a range of amendments to improve the administration of the ALRA, governance and operation of the Land Council network.
The next stage will focus on reform of land dealings subject to native title and further consideration of ways for the ALRA to better intersect with other legislative frameworks.
The report can be accessed here.
The next statutory review of the ALRA is due in 2026.
Regulation remake
The Aboriginal Land Rights Regulation is a ‘statutory rule’ as defined under the Subordinate Legislation Act 1989 (SLA). The SLA provides that ‘statutory rules’ are automatically repealed on the fifth anniversary of their making, unless postponed or remade.
The ALRR was last remade in 2020 in accordance with the SLA. The Aboriginal Land Rights Regulation 2020 commenced operation from 1 September 2020.
The next remake of the ALRR is due by 1 September 2025.
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