While the NSW Aboriginal Land Council marks an achievement - submitting the state's 60,000th land claim - there's less celebration from the peak body for decades spent waiting, and tens of thousands claims still undetermined.

As of late 2025, more than 44,000 Aboriginal Land Claims in NSW remained outstanding.

Some of the undetermined claims date back to 1984.

First Peoples are not to blame for the backlog, despite land claims accumulating faster than they are currently being resolved, NSWALC chair Raymond Kelly noted, adding "structural reform is unavoidable" if the Land Rights Act is to operate as intended.

"Since the commencement of the Aboriginal Land Rights Act 1983 (NSW), Aboriginal Land Claims have continued to accumulate faster than they are resolved. While Aboriginal people in NSW have done what the law requires by lodging claims, the State has not met its reciprocal obligation to determine them in a timely way," Councillor Kelly said.

"These claims remain undetermined not because of inaction by Local Aboriginal Land Councils (LALCs), but because of the ongoing systemic failure that sits within the Aboriginal land rights system itself.

"Every unresolved claim represents a promise unfulfilled under the ALRA (Aboriginal Land Rights Act). Our Elders are dying across the State with these claims unresolved. It is time for action, and we need it now."

Cr Kelly labelled the 60,000 claim as not symbolic, but corrective. It was lodged on Tuesday.

In the 2025-26 financial year, 672 Aboriginal Land Claims covering 13,000 land parcels were lodged, Cr Kelly stated, resulting in 274 hectares returned during the same period.

"This is evident enough of a significant decline compared to previous years," Cr Kelly said.

NSWALC points to multiple independent reviews they say reveal 15-20 year average wait time per claim.

The Land Council peak identified Nowra LALC and Eden LALC on the state's south coast as the most impacted by unresolved, representing 42 per cent of claims lodged before the year 2000.

'Significant clusters' are also situated in the north-west of the state, including communities like Brewarrina and Walgett, NSWALC said.

Cr Kelly promises the Land Council is not prepared to see historic claims abandoned

A state government spokesperson told National Indigenous Times: "The NSW Government is committed to delivering Aboriginal land rights as a key outcome of Closing the Gap and recognises the importance of land rights in delivering economic prosperity to Aboriginal people."

More than 4,866 parcels of claimed land covering 177,013 hectares of the state have been transferred into Aboriginal Land Council ownership since the Land Rights Act's introduction, the spokesperson continued, providing both economic and cultural opportunities.

In 2025 the state government allocated $1.5 million over two years towards producing an evidence-based business case to outline effective resolutions to the backlog of Aboriginal land claim assessments, with work currently underway, the spokesperson said.

Within a complex investigation system with strict criteria and checks to determine each lodged claim, there is no limit on the number of claims land councils can make.

The Registrar of the Aboriginal Land Rights Act and Crown Lands are responsible for investigations and determinations.

"Aboriginal Land Claims have seen a dramatic increase, with 3163 lodged in the last financial year, representing a 322% increase in land claims. 754 land claims were lodged in the 2023/24 financial year," a NSW Government spokesperson said.

"The NSW Government has made efforts towards speeding up and improving the claims process, including increasing the size of the assessment team and improving the claims process."

The spokesperson continued that Crown Lands is working with land councils to prioritse lodged claims which are identified as most imporstand to the councils and those which would provide "the most immediate social, economic, cultural, and environmental benefits to Aboriginal communities".

"The Government is committed to working across agencies to expedite land claims processes," they said.

NSWALC will itself keep advocating to the state and federal government to see "whole-of-government commitment to resolving outstanding claims", Cr Kelly said.

"Aboriginal Land Agreement teams must be properly funded and resourced, can unlock accounting treatments, include strong Aboriginal expertise and uphold the intent and spirit of the ALRA.

"Aboriginal Land Councils must be provided with complete, real-time land tenure data, and we must ensure collaboration, accountability and clear time-frames prevent ongoing delay."

"Our people have waited decades - and continue to wait - for their land to be returned. We can no longer allow prolonged administrative inertia to undermine our land rights.

"The NSW land rights system must be improved as a matter of urgency. We will tirelessly advocate for a system that operates efficiently and responds to our claims with urgency."