More consultation opening soon over proposed changes to WA's Aboriginal Affairs Planning Authority Act

Giovanni Torre
Giovanni Torre Published March 26, 2026 at 9.30am (AWST)

The Western Australian government is conducting consultation in the coming weeks on proposed changes to the state's Aboriginal Affairs Planning Authority Act.

The government says the measures are aimed at cutting red tape to enable Native Title land to transition directly to Aboriginal people and organisations, "supporting stronger social, cultural and economic outcomes for Aboriginal communities".

New legislation is being developed to amend the AAPA Act by removing what the WA government described as "longstanding barriers to the divestment of Aboriginal land held by the Aboriginal Lands Trust and the Aboriginal Affairs Planning Authority".

The Aboriginal Lands Trust ALT estate comprises 285 properties covering around 21.9 million hectares, or 8.7 per cent of Western Australia's landmass.

The proposed amendments will apply to land within the ALT estate, the majority of which is determined or claimed as Native Title land. The Amendment Bill and accompanying Regulations propose "aligning the Act's objectives with the Commonwealth Native Title Act".

The divestment‑focused changes also "aim to streamline administration, update terminology, strengthen enforcement and clarify the ALT's consultation responsibilities", in the WA government's words.

The Bill will allow for the divestment of Part III reserved lands to Aboriginal entities, empowering these entities to issue access permits for divested land in line with the WA's Aboriginal Empowerment Strategy and the National Agreement on Closing the Gap.

Kurin Minang law academic Dr Hannah McGlade told National Indigenous Times that while she saw the move as a step in the right direction, much work remains to be done.

"The ALT lands need to be handed back to Land Councils and PBCs (Prescribed Bodies Corporate) to manage, especially as they fall within native title claim areas," Dr McGlade said.

"However, it remains to be said that we are seriously adrift in WA without an Indigenous Affairs department to assist communities as was previously the case with the AAPA and subsequently the DIA (Department of Indigenous Affairs), in addition to having no statewide Aboriginal Voice to Parliament."

WA's Aboriginal Affairs Minister Don Punch said "modernising" the Aboriginal Affairs Planning Authority Act will remove long‑standing barriers to the divestment of Aboriginal land and "strengthen pathways for communities to manage Country".

"These reforms create a contemporary framework that aligns with national commitments to Aboriginal empowerment and supports stronger cultural, social and economic outcomes," he said.

"By prioritising this legislation, we are also delivering a key election commitment, and I thank stakeholders for their valued and meaningful engagement throughout this modernisation process."

The WA government said the amendments were informed by "comprehensive community engagement", including more than 25 targeted consultation sessions held across WA in 2022, and "ongoing feedback from Aboriginal stakeholders through the ALT divestment program since 2017".

Further engagement will continue in the coming weeks as drafting progresses.

More targeted consultation will occur within a timeframe to be advised ahead of finalising the legislation. WA's Department of Planning, Lands and Heritage will undertake additional stakeholder engagement from April this year to provide an update and overview of the proposed legislative amendments. Interested parties should contact the Department at [email protected].

More details about the proposed changes and the process involved are available online.

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National Indigenous Times

Disclaimer: This function is AI-generated and therefore may mispronounce.