In this submission to the Australian Law Reform Commission’s Review of the Native Title Act future act regime, the First Nations Heritage Protection Alliance (PBC) highlights critical shortcomings in the current legal framework and advocates for comprehensive reform. Drawing on the collective experience of its member organisations, the Alliance argues that the future act regime fails to adequately protect First Nations cultural heritage and undermines the right to free, prior and informed consent.
The submission proposes a significant overhaul of the system, including the establishment of a new cultural heritage protection regime that prioritises First Nations decision-making. It stresses the need for alignment between native title and cultural heritage laws, improved accountability for proponents, and a rights-based approach that upholds the UN Declaration on the Rights of Indigenous Peoples.