The New South Wales Aboriginal Land Council has formally lodged a complaint with the Australian Human Rights Commission regarding the government's proposed Crown Land Management Amendment (Statutory Review) Bill.
On Wednesday the NSWALC revealed the complaint, lodged on 14 April, raised a number of "serious concerns", arguing that the Bill directly undermines Aboriginal land rights in NSW established under the state's Aboriginal Land Rights Act; rights held exclusively by Aboriginal people in the State.
NSWALC contends the proposed changes are racially discriminatory, citing "the disproportionate impact" on Aboriginal land holdings and "the complete lack of consultation" with the Land Rights network prior to the Bill's introduction.
Bill would 'hollow out our Rights in this state forever'
NSWALC Chair, Dr Raymond Kelly, said the complaint being lodged represents the State Land Council taking its fight against "this malicious amendment" to the "next level".
"We will simply not just sit by while our State Government proposes amendments that will hollow out our Rights in this state forever," Chair Kelly said.
"We have been working to support our people through Aboriginal Land Rights in NSW for more than 40 years, and that work doesn't stop here. The way this Bill was introduced was completely unacceptable and without consultation under the guise of a 'minor amendment'.
"Aboriginal people living in NSW are not shocked at this level of mistreatment from the Government... We have experienced it for generations. But the direct impact this Bill will have on our community is proof that our government will stop at nothing when their own interests are at stake. The reality is that what is at stake for our people is far worse."
'Disproportionate and discriminatory impact'
The NSWALC complaint makes the case that: the Bill undermines Aboriginal land rights under the ALRA, rights held only by Aboriginal people, and that any weakening of the system has a disproportionate and discriminatory impact; NSWALC and Local Aboriginal Land Councils were not consulted at any stage before the Bill's introduction on 17 March, despite what would have been a lengthy Cabinet development process; and that State Government's description of the changes as "minor" or "technical", was "misleading given the real and substantive impact on land claims and land return".
The NSWALC said on Wednesday that its complaint also explores the way the government's public framing of the Bill "has contributed to misunderstandings about land rights and increased scrutiny of LALCs".
NSWALC, the peak statutory body representing 121 Local Aboriginal Land Councils (LALCs) across the State, argues via the complaint that being excluded "in its entirety" from the decision-making process before the Bill's introduction on 17 March 2026 "contributes to a broader environment of racial inequality and hostility".
NSWALC also argues the actions made by the NSW Government directly result in Aboriginal people being unable to enjoy property rights on an equal basis with others because their specific rights are uniquely constrained.
'United in our complete opposition to the Bill'
"While the Bill has been delayed for further consultation, we know the Government will stop at nothing to sneak this Bill through in May. We want to be clear that the Network remains united in our complete opposition to the Bill in its entirety," said Chair Kelly.
"The Bill represents a substantial threat to the land claim and land return process, weakening a system designed to provide economic and cultural redress for Aboriginal communities.
"By excluding NSWALC and failing to engage in genuine consultation, the NSW Government is quietly removing the power of the Aboriginal Land Rights Act.
"As the body representing the Network, we want to make it clear that our rights are under attack. This is an official complaint to the Human Rights Commission, and we demand that action be taken."
Government says it 'will take the time to engage with stakeholders'
A spokesperson for NSW Minister for Lands and Property Steve Kamper told National Indigenous Times that "while a range of stakeholders were engaged as part of the statutory review of the act last year, the NSW Government will take the time to engage with stakeholders including Local Aboriginal Land Councils prior to the Bill being debated in the upper house".
"In meeting with the Minister, Local Aboriginal Land Councils have raised concerns around potential consequences of the NSW Government's bill and have proposed further engagement with land councils to understand their concerns and how they can be addressed," they said.
"We stand by the principle that unused Crown Land should be claimable and provided to the Local Aboriginal Land Councils."