Currently Indigenous groups must demonstrate they have kept their cultural ties to land and sea alive.
The move has support in both houses of Parliament, but it's still uncertain whether the major parties will agree to the changes.
The history books and scientists claim Australia's first peoples have been here for tens of thousands of years, but when it comes to the Native Title process, black Australians have to prove their connection to country.
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But the Greens and Independent MP Rob Oakeshott want amendments made to the legislation that would reverse the onus of proof back onto government.
The issue is currently being canvassed in Parliament: a Senate Committee is looking at reforms to the bill and the Greens say it would be an important change.
“Of course we have to get it through the House and we have to get it through the Senate,” said Greens Senator Rachel Siewer. “I'm not overly optimistic at this stage that we'll get that level of support but we will lobby as hard as we can to get it up.”
But Senator Siewert says good faith negotiation provisions also need to be strengthened.
Mr Oakeshott says the Government's plans to exempt Native Title claimants from paying capital gains tax is a win-win.
The Federal Government has set up a working group made up of taxation and industry experts to look at improving the sustainability and management of native title payments.
