Aboriginal groups will have an extra two weeks to consult on new laws advocates argue will undermine land rights in New South Wales, after successful lobbying from the state's peak land council.
Proposed amendments to Crown Lands legislation were delivered to the NSW Aboriginal Land Council (NSWALC) by Lands Minister Stephen Kamper on 19 June, with the closing date of consultation initially set for July 17.
That date has now been extended to July 31 after pushback from the land council.
NSWALC chairperson Raymond Kelly said his organisation and the wider Land Rights Network needed more time to consult on the proposed amendments before any action was taken.
"There are 121 Local Aboriginal Land Councils and more than 30,000 members across the state," he said.
"We want to make sure they have adequate time to consider the implications of the amendments ... without more time to consult, the NSW government are acting to the detriment of Aboriginal people of NSW."
The proposed reforms were initially due to be debated in the lower house earlier this year.
But the legislation was put on hold, after public outcry - including a protest at NSW Parliament in Sydney.
President of the Law Society of NSW Ronan MacSweeney expressed concern the reforms would result in "further potential injustice to NSW Aboriginal communities."
“This legislation fundamentally alters what has been long understood to be land claimable under the ALRA, and reconfirmed in the Quarry Street High Court judgement last year,” Mr MacSweeney said at the time.
Earlier this month the NSWALC paused participation in Closing the Gap governance forums and NSW government advisory committees over the dispute.
NSW Aboriginal Land Rights Network deputy chair and councillor for the Wiradjuri region Leeanne Hampton said the Bill, if passed in its current form, would weaken Aboriginal Land Rights in the state.
"The way the NSW Government introduced this Bill and the proposed amendments was not done in good faith, and we’re pushing for that to change," she said.
"Any decisions to validate or alter Crown land affecting Aboriginal land claims needs meaningful consultation with Aboriginal Land Councils, and with full transparency."
The NSWALC has called on the state government to make further amendments to the Bill.
It wants any validation or change to a Crown land holding that may affect Aboriginal land claims to be made only with the agreement of the Minister for Aboriginal Affairs.
In situations where there is an undetermined land claim, the council wants the minister to be compelled to consider whether a community facility, service or activity was already protected through existing laws, planning controls or zoning, and whether there are other ways to protect a community facility, service or activity without affecting an Aboriginal land claim.
It wants to ensure it is written into legislation that Aboriginal Land Councils must receive all relevant information during consultation of matters and that any such consultation be required to last for a minimum 28 day period.
The council has also called for amendments that would ensure that any land validated because it provides a community benefit be required to remain restricted to that purpose.
In response to questions put to Minister Kamper's office, a representative of Crown Lands confirmed the consultation period extension to 31 July.
"We are committed to working closely and respectfully with Local Aboriginal Land Councils and ensuring there is time to consider the proposals and provide feedback," they said.
"The NSW Government will consider all proposed amendments and feedback in good faith."
