This report follows an inquiry into the future acts regime in the Native Title Act 1993 (Cth), which governs how development activities can occur on native title land. This is the first substantial inquiry into future acts since the Native Title Act was amended in 1998 and fulfils the Government’s commitment in response to the Joint Standing Committee on Northern Australia’s report: A way forward.

The report contains 86 recommendations that aim to build a stronger native title system through a fairer and more efficient future acts regime. Through targeted and evidenced-based reforms, the future acts regime can equitably and effectively support genuine, constructive agreement making, support greater opportunities for economic development and benefit-sharing, streamline processes and reduce costs, and meet Australia’s international obligations.  

In broad terms, a future act is an act done after the commencement of the Native Title Act (thus the label ‘future act’). A future act is an act that deals with lands or waters in a way that impacts native title rights and interests. 

At its heart, this report envisages a future acts regime that is fair, equal and non-discriminatory – a system that no longer positions native title and development as mutually exclusive, but rather as mutually reinforcing. 

Key findings

• The future acts regime generally fails to ensure native title holders are provided with the fundamental protections of procedural rights and substantive rights when it comes to the infringement of their rights and interests by future acts.
• The future acts regime is not only unfair and inequitable but key aspects of it are also discriminatory.
• The validating pathways are, to varying degrees: y inefficient, costly, and can cause delay by reason of complexity, ambiguity, and unnecessary duplication.
• The future acts regime has failed to provide effective, timely, fair, and just redress. This is a significant failure. 

The report is provided with an overview audio.