The Native Title Legislation Amendment Act 2021 (2021 Amendment Act) introduced a number of changes to the Native Title Act 1993 (NTA) and the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act) with the intention of improving native title claims resolution, agreement-making, Indigenous decision-making and dispute resolution processes. This evaluation did not identify widespread or systemic concerns with the changes made by the 2021 Amendment Act. Feedback received indicated evaluation participants continued to support the intent of the amendments, particularly measures aimed at providing flexibility, efficiency and certainty, as well as post-determination dispute resolution, and they were seen to be operating as intended. 

The evaluation did find evidence that the effectiveness of some of the amendments has been uneven in practice and further adjustments may improve their operation. In particular, ambiguity and unintended consequences in relation to the practical application of some amendments, as well as underlying resource limitations, were noted. The evaluation makes findings and recommendations across the following areas:

• giving greater flexibility to native title claim groups to set their internal processes
• streamlining and improving native title claims resolution and agreement making
• allowing historical extinguishment over national and state parks to be disregarded where parties agree
• increasing transparency and accountability of Registered Native Title Bodies Corporate
• creating new pathways to address native title related disputes following determination.