6 June 2025
As published in the Australian Friday 6th June
With a clear majority in the House of Representatives and a Senate crossbench keen to prove its pragmatism, the Albanese government has a once-in-a-generation chance to deliver a comprehensive settlement package to native title holders whose property rights have been extinguished or obstructed.
Thanks to recent High Court decisions, compensation for the loss of native title is not just “the vibe” but is firmly established in Australian law. This government and its new Attorney-General, Michelle Rowland, must prioritise a response that walks and chews gum at the same time – finding a collective solution to settle the legal liabilities of the commonwealth, states and territories, while also providing capital to native title groups that will unlock our future economic capacity and sustainability.
The amount owed to native title holders across Australia is incalculable – and accruing interest as we speak – with nearly every native title group entitled to some form of payment for impact on our native title. Like any form of property, native title holders have the right to compensation when it is interfered with by government.
The entitlement was built into the Native Title Act when it was first written, but it has rarely been accessed as groups rightly focused on gaining control and protection of traditional lands before looking to broader reparations. For decades, governments at a state, territory and federal level have seen this liability on the horizon. Now that horizon is fast approaching in the form of multiple court actions.
The developing case law has grown both the governments’ liabilities and the avenues available to pursue what we are entitled to under the law. Critically, this liability is not going away. The Gumatj Clan’s claim in the recent decision of the High Court in Yunupingu was given the thumbs up to proceed under the “just terms” provisions in the Constitution and is estimated at roughly $700 million. Currently, the Yindjibarndi people of the Pilbara are awaiting judgment on their claim for up to $1.8 billion in compensation for FMG’s activities, while other compensation claims in the Federal Court also await judgment.
The federal government has an unprecedented opportunity to create a scheme to fast-track payments. This would avoid the costly, adversarial process of the claims’ court process, while also providing native title groups access to significant funds and other negotiated outcomes to drive self-determined economic opportunities at a local level. Through comprehensive and negotiated settlements, groups will have their own tools to make their own futures.
The commonwealth is working in partnership with the Coalition of the Peaks and the First Nations Economic Empowerment Alliance to develop long-term economic policy solutions and structures for Aboriginal and Torres Strait Islander communities.
The missing part of the puzzle is where to source capital. Through compensation settlements, groups can access an injection of funds that can allow them, if they so wish, to participate in the development of industrial activities and nature-based projects on their Country as equity holders, not just as stakeholders. If addressed strategically, these kinds of solutions can bring lasting economic and social benefits for Indigenous communities. With capital, the right institutions and the necessary financial structures in place, what would stop a group from partnering with renewable energy providers to create solar industries on their land? Similarly, what would stop native title groups providing seed-funding to their members to start-up tourism or other entrepreneurial operations? When native title holders control their economic futures, they drive meaningful and long-lasting change in their communities.
On election night, in response to a question from the ABC’s Bridget Brennan about using its clear majority to legislate a voice, Treasurer Jim Chalmers stated “we are trying to find other ways to advance the cause of First Nations people”.
The best thing government can do to advance our cause, is to give us opportunities to make our own advances. For too long, native title holders have been sidelined while pastoralists, mining companies and industry have used Aboriginal land to generate enormous wealth. By coming to the table to settle its past wrongs, the state, territory and federal governments can equip us with the financial security and opportunity to finally advance our own economic futures.
Jamie Lowe is chief executive of the National Native Title Council.
Read More: Further NNTC Native Title Compensation Resources
NNTC’s Native Title Compensation Presentation from the 2025 AIATSIS summit
Factsheet: Native Title Compensation: High Court Timber Creek Decision
