The New South Wales government is preparing a second attempt to amend land rights legislation governing Aboriginal land councils’ ability to claim leased crown land. The move follows ongoing negotiations with local land councils, including the Orange Local Aboriginal Land Council and the NSW Aboriginal Land Council, which represents 121 local councils statewide.

NSW Lands Minister Stephen Kamper circulated a discussion paper on June 23 outlining proposed changes to the laws originally introduced in 1983 under former Premier Neville Wran. These laws grant Aboriginal land councils the right to claim crown land that is not in lawful use or occupied. Kamper emphasized his intention to prevent claims on leased crown land where the government deems such claims inconsistent with the original spirit of the legislation.

The issue gained public attention after the High Court ruled in favor of the La Perouse Local Aboriginal Land Council’s claim to the now-defunct Paddington Bowling Club in Sydney’s inner-east. The court found that the property had been run down and unoccupied for years, and that the tenant had breached the lease, effectively supporting the land council’s claim. Under the proposed amendments, similar claims to abandoned or unused leased crown land would continue to be permitted.

The government plans to introduce the revised amendments to parliament following a public consultation period that closes on July 17. The NSW Aboriginal Land Council welcomed portions of the draft legislation, particularly the removal of a provision that equated a lease alone with lawful use of land—even without physical activity. In a statement, the council said this change aligns with High Court rulings and prevents the government from blocking claims where the land is not actively used, thereby preserving the integrity of the land rights system.

The Orange Local Aboriginal Land Council, which had urged the government to consider a compromise, described the outcome as fair. The ongoing debate centers on balancing the rights of Aboriginal councils to reclaim unused crown land while addressing concerns about the legitimacy of claims on leased properties.

With land rights remaining a sensitive and significant issue in New South Wales policy, the government’s forthcoming amendments are likely to shape the legal framework for Aboriginal land claims for years to come.