Background, and previous consultation

​​​​​​​Consultation papers released in 2022 

In June 2022, the Government released a consultation paper with its proposals for improving the model for returning land to Tasmanian Aboriginal people through changes to the Aboriginal Lands Act 1995 (the Act). Those proposals were informed by previous and ongoing consultations (see below), and long consideration of the issues.

The consultation paper can be accessed here:

The submissions received in response to the June 2022 consultation paper are available on the submissions 2022​ page. 

The responses on most issues were relatively straightforward and positive. The area of most disagreement was on the issue of eligibility to participate in the Aboriginal Land Council of Tasmania election process, and on the role of the Tasmanian Electoral Commissioner.

In December 2022, the Government released a further brief consultation paper to help clarify the options. This further paper focussed on presenting a refined position on how new arrangements for Land Council election processes would operate.​

The consultation paper can be accessed here:


The submissions received in response to the December 2022 consultation paper are available on the submissions 2023​ page.
 

Earlier con​sultation 

The passing of the Aboriginal Lands Act by the Tasmanian Parliament was recognised as a historically important development in the relationship between Tasmanian Aboriginal people and the broader Tasmanian community. 

The Act established the Aboriginal Land Council of Tasmania, an autonomous body elected by Aboriginal people, as a statutory authority with responsibility for the use and sustainable management of “Aboriginal land”. 

The Land Council holds that land in perpetuity for all Tasmanian Aboriginal people. The Act outlines the functions and powers of the Council and establishes the mechanism for electing its members. 

By the end of its first decade in operation, the Act had been the means of returning more than 55,000 hectares of Crown land to the Land Council, on behalf of Tasmanian Aboriginal people. However, since 2005 there has been no significant return of Crown land. 

The return of more land to its original custodians forms a crucial part of the Tasmanian Government’s agenda. However, an initial review highlighted areas where the Act could be improved.
 
In 2018, the Government initiated a full public review of the model for returning land to Tasmanian Aboriginal people. A Discussion Paper was developed to support consultation as part of the review. The Discussion Paper (2018) and the Final Feedback Report (2019) are available below:


There is also commentary on the model for land return in the Pathway to Truth-Telling and Treaty report prepared by Professors Kate Warner and Tim McCormack.


​Con​tact​

For further information on the review of the Aboriginal Lands Act please contact the Aboriginal Legislation Team at: AboriginalLandsAct@dpac.tas.gov.au​


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