Aboriginal Affairs Planning Authority Act 1972

The Aboriginal Affairs Planning Authority Act was enacted in 1972 to provide consultation and other services for the economic, social and cultural advancement of Western Australia’s Aboriginal people. The Act established four statutory bodies:

• Aboriginal Affairs Planning Authority
• Aboriginal Advisory Council
• Aboriginal Affairs Coordinating Committee
• Aboriginal Lands Trust.   

The initial objective of the Act – to control and oversee the welfare of Aboriginal people – is no longer fit-for-purpose nor does it reflect the modern day objectives of Government and the Aboriginal Empowerment Strategy – Western Australia 2021-2029.

Proposed amendments to update parts of the Act to remove the legislative barriers to divestment will maximise opportunities for direct Aboriginal land ownership and management, economic activity and improved outcomes for Aboriginal communities.  
 

The Aboriginal Lands Trust (ALT) estate refers to land owned or managed either separately or jointly by the Aboriginal Lands Trust and the Aboriginal Affairs Planning Authority.

The ALT estate consists of 302 properties covering some 22 million hectares, or about 8.7 per cent of the landmass of Western Australia. Both the Aboriginal Lands Trust and the Aboriginal Affairs Planning Authority hold parcels of land in freehold, leasehold, as a vested reserve under the Aboriginal Affairs Planning Authority Act 1972 or a managed reserve under the Land Administration Act 1997.

An estimated 12,000 people live on the ALT estate in 143 permanent Aboriginal settlements, ranging from those with larger populations comparative to regional towns, to small family settlements. 

Almost all the ALT estate is over land subject to a positive determination of native title or a registered native title claim.

Divestment is the process of returning land currently owned or managed by the Aboriginal Lands Trust and the Aboriginal Affairs Planning Authority into the direct control of Aboriginal people and entities.

The goal of divestment is to utilise land tenure to support lasting social, cultural and economic opportunities for Aboriginal people.

The proposed amendments to the Aboriginal Affairs Planning Authority Act 1972 are limited to removing the legislative barriers to divesting the ALT estate. They aim to maximise opportunities for direct Aboriginal land ownership and management, economic activity and improved outcomes for Aboriginal communities.

Specifically, the amendments will:

• align the objectives of the Act with the contemporary objectives of the Aboriginal Empowerment Strategy – Western Australia 2021-2029 and the Commonwealth Native Title Act 1993
• allow the vesting of Part III reserved lands to be placed with an Aboriginal person or entity
• streamline the divestment of Part III reserved lands
• replace outdated terms to clearly define Aboriginal stakeholders
• provide clarity for the Aboriginal Lands Trust in exercising its duty to consult.

A broader review of the Act is being undertaken concurrently with the amendments.
 

The legislative barriers to divestment are detailed in Fact Sheet 3: Legislative Barriers to Divestment and Proposed Solutions.

The following parts of the Aboriginal Affairs Planning Authority Act 1972 are outside of the scope of the proposed amendments:

• composition and functions of the Aboriginal Advisory Council of Western Australia
• composition and functions of the Aboriginal Affairs Coordinating Committee
• non-land related duties, functions and powers of the Aboriginal Affairs Planning Authority
• constitutional provisions of the Aboriginal Lands Trust
• financial provisions
• customary tenure provision
• miscellaneous provisions and penalties
• savings provisions.

A broader review of the Act is being undertaken concurrently with the amendments.

The Department is currently undertaking targeted consultation on the proposed amendments to the Aboriginal Affairs Planning Authority Act 1972.

Feedback from the consultation will be used to help prepare a draft Bill. A further round of consultation will be held on the content of the draft Bill, which is anticipated to be introduced into Parliament later in 2022.

Information about the current parliamentary process to divest an Aboriginal Lands Trust estate Part III reserve, and what is proposed to change is in Fact Sheet 6: Current Parliament Process and What is Proposed to Change.

Yes. The full suite of tenure options available under the Land Administration Act 1997 will continue to be available should an Aboriginal person or entity wish to have the land divested in an alternative tenure to Part III reserved lands.

If you have any questions about the proposed amendments, wish to register your interest in participating in the consultation process or want to keep up-to-date with the amendment process, email aapa-act@dplh.wa.gov.au.