Outcome 15 – Aboriginal and Torres Strait Islander people maintain a distinctive cultural, spiritual, physical and economic relationship with their land and waters

Target 15a: By 2030, a 15 per cent increase in Australia’s landmass subject to Aboriginal and Torres Strait Islander people’s legal rights or interests.

Target 15b: By 2030, a 15 per cent increase in areas covered by Aboriginal and Torres Strait Islander people’s legal rights or interests in the sea.

Minister responsible

Attorney-General, Minister for Indigenous Australians

Productivity Commission national progress against the target

* The sea country target was not on track as at March 2022. This assessment does not include the Northern Cape and Torres Strait consent determination made on 30 November 2022.

The path forward

Focusing on the quality, richness and autonomy of Aboriginal and Torres Strait Islander people’s distinctive cultural, spiritual, physical and economic relationships with their land and waters drives the Commonwealth’s strategic priorities for Outcome 15.

Actions in this plan are directed toward removing barriers for First Nations peoples to exercise their valuable traditional knowledge and cultural practices in managing Country, to enjoy their rights to land and sea, and in doing so, to contribute to social, cultural, environmental and economic outcomes.

With Target 15a on track to be achieved by 2030 and Target 15b likely to be achieved early following the Northern Cape and Torres Strait consent determination, the priority will be to work in partnership with Aboriginal and Torres Strait Islander people, communities and organisations on the broader intent of Outcome 15 and developing actions to support First Nations peoples’ connections to Country.

Priority actions

First Nations management of land and sea country according to aspirations of Traditional Owners and community

The Commonwealth will double the number of Indigenous Rangers to 3,800 by the end of the decade (with a focus on gender equality) and expand the Indigenous Protected Areas Programs. These actions will contribute to cultural, social, economic and environmental outcomes through supporting First Nations peoples’ access to Country, capacity to care for Country, practice of culture on Country, work on Country and learning on Country.

Consistent with Priority Reform Two, the Commonwealth will continue to provide basic and capacity building support to the Prescribed Bodies Corporate (PBC) sector to help PBC’s realise social, cultural and economic benefits through the effective and sustainable management of their land.

Co-designing reform options for heritage protection and Prescribed Bodies Corporate (PBCs)

Consistent with Priority Reform One, the Commonwealth is working in partnership with the First Nations Heritage Protection Alliance to co‑design options for heritage protection reform. Stage two consultations are running until March 2023.

The Commonwealth is receiving advice on PBC reform options from a recently established PBC Steering Group, with members nominated from a number of PBCs across the country.

Increased recognition of legal rights and interests in land and sea

The Commonwealth will continue to fund and support the native title system to facilitate the legal recognition of land and sea native title rights and interests under the Native Title Act 1993 (Cth), and land claims under the Aboriginal Land Rights (Northern Territory) Act 1976. This includes administering funding for Northern Territory Land Councils and the Aboriginal Land Commissioner to progress formal land claim inquiries and Native Title representative bodies/service providers to assist native title claimants and holders.

Ensuring First Nations people are at the forefront of land and sea management and conservation, the Commonwealth is providing new funding to support 10 new Indigenous Protected Areas – adding around 4.8 million hectares to the National Reserve System and contributing to the Government’s commitment to protect and conserve 30 per cent of our landmass by 2030. Consultations are also underway to include a further 10.9 million hectares of sea.

Addressing barriers to resolving native title compensation

In 2023, the Commonwealth, in partnership with states and territories and the National Native Title Council, will work on developing options to promote the most efficient settlement of native title compensation. A national approach provides an opportunity for governments to consistently negotiate fair and just settlements that build enduring relationships and partnerships with First Nations peoples. This will foster self‑determination, develop capacity to achieve greater social, cultural, environmental, and economic outcomes, as well as support First Nations peoples to maintain and strengthen their distinctive relationship with their land and waters.

Establish new Inland Waters Target 15c

A new inland waters target will accelerate progress towards securing Aboriginal and Torres Strait Islander legal rights and interests in inland water bodies under state and territory water rights regimes.

Summary of new actions

*A full appendix of new and existing measures being undertaken by the Commonwealth to support Closing the Gap efforts is on the NIAA website, at Closing the Gap implementation measures.