The State Government is working on changes to the Aboriginal Affairs Planning Authority Act 1972 (AAPA Act), which will enable greater social, cultural and economic opportunities for Aboriginal people through the divestment of the Aboriginal Lands Trust (ALT) estate. The proposed changes have been driven by what Aboriginal people and communities have informed us are the key obstacles to divestment and will remove legislative barriers to divestment.
Drafting of the Aboriginal Affairs Planning Authority Amendment Bill 2026 and the Aboriginal Affairs Planning Authority Amendment Regulations 2026 (Amendment Bill) has commenced. The proposed amendments incorporate feedback received during the consultation process held between April and June 2022.
Additional stakeholder engagement will commence from April 2026 to provide an update and overview of the legislative intent.
If you have any questions about the proposed amendments or wish to receive updates about the amendment process, email aapa-act@dplh.wa.gov.au.
Background
The State Government is committed to divesting the ALT estate into the direct control of Aboriginal people and entities. In March 2022, the State Government proposed changes to be made to the AAPA Act to maximise opportunities for divestment. These changes were based on the consistent feedback from Aboriginal stakeholders through the implementation of the ALT divestment program since 2017.
The Amendment Bill intends to address the legislative barriers for divesting the ALT estate and help maximise opportunities for direct Aboriginal land ownership and management, economic development and improved outcomes for Aboriginal communities.
The proposed amendments will:
- Modernise the Act to better reflect the modern day objectives of the State Government and Aboriginal people, and express that the Act is cognisant of the requirements of the Native Title Act 1993 (Cth) and the rights of native title holders and claimants in any divestment outcome.
- Provide the Aboriginal Lands Trust and the Aboriginal Affairs Planning Authority with explicit powers and functions to divest.
- Allow Part III Reserved lands to be divested to an Aboriginal corporation while retaining existing protections, including trespass offences by non-Aboriginal people, permit requirements and treatment under the Mining Act 1978.
- Provide for the Minister to give Aboriginal entities the power to grant permits over divested Part III Reserved lands.
- Provide for a more streamlined process to divest Part III Reserved lands.
- Provide for a more streamlined process for amending the boundaries of Part III Reserved lands to excise public utilities and roads so that they can be placed under the management of the agencies responsible for them.
- Clarify the ALT’s duty to consult by including a definition of ‘Aboriginal stakeholders’ who must be consulted, consistent with current practice.
- Strengthen the enforcement of offences under the Act.
- Update the penalties for committing an offence under the Act.
ALT estate facts
The amendments to the AAPA Act will only impact land within the ALT estate which is land currently owned or managed, by the Aboriginal Lands Trust and the Aboriginal Affairs Planning Authority on behalf of Aboriginal people.
- The ALT estate was formed by consolidating decades of government-controlled land on behalf of the Aboriginal people, under the administration of a single administrative body.
- The ALT estate consists of 285 properties covering around 21.9 million hectares.
- Both the ALT and the Aboriginal Affairs Planning Authority hold parcels of land in freehold, leasehold, Part III reserves under the Act or a managed reserve under the Land Administration Act 1997, all held for the benefit of Aboriginal people.
- An estimated 12,000 people live within the ALT estate in 143 permanent Aboriginal communities, ranging from larger population centres comparable to regional towns, to smaller family settlements.
- Almost all the ALT estate is over land subject to a positive determination of native title or a registered native title claim.
The ALT estate in its entirety can be viewed on the maps below.
Previous consultations
Between April and June 2022, the Department undertook public consultation on the proposed amendments. In-person consultation sessions were held at the following regional locations:
| Date | Location |
|---|---|
| 19 April 2022 | Albany |
| 20 April 2022 | Perth |
| 26 April 2022 | Port Hedland |
| 27 April 2022 | Roebourne |
| 28 April 2022 | Newman |
| 3 May 2022 | Kununurra |
| 4 May 2022 | Halls Creek |
| 16 May 2022 | Broome |
| 17 May 2022 | Derby |
| 18 May 2022 | Fitzroy Crossing |
| 24 May 2022 | Geraldton |
| 26 May 2022 | Carnarvon |
| 2 June 2022 | Kalgoorlie |
The Department also held a live online consultation session on 20 April 2022, which provided an overview of the proposed amendments to the AAPA Act, and an opportunity for stakeholders to provide feedback to inform the drafting of the amendments.
The Department has continued to engage with Aboriginal stakeholders through the delivery of its ALT divestment program, including briefings on the proposed amendments to the AAPA Act and responding to any land specific enquiries.
Between 8 and 19 May 2023, the Department conducted consultation across six communities on the Ngaanyatjarra Lands.
Feedback and submission from consultations in 2022
Feedback and submissions from the 2022 consultations will inform the Amendment Bill.
Upcoming consultations
Targeted consultation will occur within a specified timeframe to be advised ahead of finalising the legislation.
The Department will undertake additional stakeholder engagement from April 2026 to provide an update and overview of the proposed legislative amendments. If you would like to be involved email aapa-act@dplh.wa.gov.au.
The Amendment Bill
The Aboriginal Affairs Planning Authority Amendment Bill 2026 and the Aboriginal Affairs Planning Authority Amendment Regulations 2026 are currently being drafted by the State Government, incorporating feedback provided during the consultation process.
Indicative steps for the progression of the Bill
March 2022: Government announced targeted amendments to the AAPA Act to maximise opportunities for divestment.
April to June 2022: Public consultation on amendments to the AAPA Act.
2023 to 2024: Government considered feedback from consultations alongside the complex legal issues arising from the proposed amendments and stakeholder input.
2024 – 2025: In late 2024, Government deferred consideration of the amendments until after the March 2025 election.
2025: Government confirmed its commitment to progress the proposal to amend the Act to create greater social, cultural and economic opportunities for Aboriginal people through the divestment of the ALT estate, by removing legislative barriers to divestment.
January 2026: Drafting of the Aboriginal Affairs Planning Authority Act Amendment Bill begins
From April 2026: Stakeholder engagement on proposed amendments to the AAPA Act with an update and overview of the legislative proposal and invitation to make submissions.
More information
For more information on the legislative process refer to Getting Legislation Drafted and Enacted - Guidelines and Procedures.
If you have any questions or would like more information email aapa-act@dplh.wa.gov.au.
Frequently Asked Questions
Show moreWhat is divestment?
Divestment is the process of returning land currently owned or managed by the Aboriginal Lands Trust and the Aboriginal Affairs Planning Authority on behalf of Aboriginal people 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.
In 2017, the State Government committed to divesting the ALT estate into the direct control and management of Aboriginal people. This commitment was informed by long‑standing and well-documented Aboriginal concerns about land tenure, dispossession and the limitations of state‑controlled land administration. It also recognised the aspirations of Aboriginal people in wanting direct control of Aboriginal land.
What is the 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.
Why does the Aboriginal Affairs Planning Authority Act 1972 need to be amended?
The initial objective of the Act to control and oversee the welfare of Aboriginal people is no longer fit-for-purpose and does not reflect the modern day objectives of Government and the Aboriginal Empowerment Strategy – Western Australia 2021-2029.
The proposed amendments are designed to address the legislative barriers to divestment and support the transition away from the historical government administration of Aboriginal land to direct Aboriginal land ownership and management. This will support greater economic, social and cultural outcomes for Aboriginal communities.
What is the scope of the proposed amendments?
The proposed amendments to the Aboriginal Affairs Planning Authority Act 1972 are limited to removing the legislative barriers to the divestment of the ALT estate. They aim to maximise opportunities for direct Aboriginal land ownership and management, support economic activity and improve outcomes for Aboriginal communities.
Specifically, the amendments will:
- align the objectives of the Act with the Commonwealth Native Title Act 1993
- streamline the divestment of Part III reserves in any tenure
- allow for Part III reserves to be divested to an Aboriginal entity
- provide for the Minister to give Aboriginal entities the power to grant permits over divested Part III reserves
- replace outdated terms
- provide clarity for the Aboriginal Lands Trust in exercising its duty to consult
- strengthen the enforcement of offences under the Act
- update the penalties for committing an offence under the Act.
A broader review of the Act, beyond the divestment focus, is being undertaken concurrent to these amendments.
What is outside of the scope of the proposed amendments?
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
- the dissolution of the Aboriginal Lands Trust
- miscellaneous provisions
- savings provisions
A broader review of the Act, beyond the divestment focus, is being undertaken concurrent to these amendments.
Can Part III reserves be divested in a tenure that is not reserved lands?
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 reserves. The proposed use for the land is often the best determinant of tenure.
Is the Aboriginal Affairs Planning Authority Act 1972 related to the Aboriginal Heritage Act 1972?
No. The Aboriginal Affairs Planning Authority Act 1972 is separate and unrelated to the Aboriginal Heritage Act 1972.
The Aboriginal Affairs Planning Authority Act 1972 was made to provide consultation and other services for the economic, social and cultural advancement of Western Australia’s Aboriginal people, including holding land on trust for the benefit of Aboriginal People.
The purpose of the Aboriginal Heritage Act 1972 (WA) is to recognise, protect, preserve and manage Aboriginal places, objects and cultural heritage of significance to Aboriginal people in Western Australia.
How do I check which land is affected?
The amendments only affect land within the ALT estate, which land currently owned or managed by the Aboriginal Lands Trust and the Aboriginal Affairs Planning Authority on behalf of Aboriginal people. Third party rights outside the ALT estate are not affected by the amendments.
The commitment to divest the ALT estate was a 2017 election commitment with bi-partisan support. The proposed amendments are intended to remove legislative barriers to fulfilling that commitment.
Stakeholders are encouraged to refer to the maps available on the wa.gov website to understand the location and extent of ALT land.
How quickly will the ALT estate be divested, and how will community use be protected?
The ALT estate comprises 21.9 million hectares and due to the scale and complexity of the state, as well as the need to ensure divestment only occurs when Aboriginal stakeholders are ready, divestment of the entire estate is expected to take a long time. The Amendment Bill is designed to remove legislative red tape that has slowed divestment.
The Department is working closely with Aboriginal stakeholders to progress divestment in line with community priorities and timeframes, and extensive consultation will occur with all stakeholders on a case by case basis, before any land is divested.
Will the Amendment Bill create new uncertainty or constraints for mining and resource proponents on Part III reserves?
No. The Amendment Bill will allow Part III reserves to be divested while retaining all existing protections under the Aboriginal Affairs Planning Authority Act 1972 and ensuring land continues to be treated consistently under the Mining Act 1978.
Where land is divested to an Aboriginal body corporate, any existing mining leases, permits to enter, and consents to mine will be preserved. The Department will work closely with the Department of Mines, Petroleum and Exploration (DMPE) on a parcel-by-parcel basis to ensure existing interests are appropriately considered before divestment occurs.
The Department will also consult with DMPE and the mining industry as part of the broader consultation process.
Will divestment restrict lawful access for non-Aboriginal people or weaken land protections?
No. The Amendment Bill will allow for the divestment of Part III reserves while retaining all existing land protections.
All land within the ALT estate is already set aside for Aboriginal benefit and existing lawful access arrangements and third-party rights will not be impacted by the amendments.
Will divestment guarantee immediate economic benefits for Aboriginal communities?
When land is divested, the Department works closely with proposed divestees and may provide funding and support to help enable desired outcomes. Unlocking land from government ownership and control will facilitate Aboriginal-led opportunities that require land tenure. Once divested, it will be up to the Aboriginal people or corporations to determine how the land is used for their social, cultural and/or economic benefit, based on their own aspirations and priorities.
What pastoral leases are located within the ALT estate, and will they be affected?
There are four pastoral leases located within the ALT estate:
- Billiluna (N049567)
- Doon Doon (West) (N049571)
- Lake Gregory (N049428)
- Pippingarra (N049843)
Government has already and a commitment to divest the ALT estate into the control and management of Aboriginal People, including these 4 pastoral leases.
Any existing interest will be preserved as part of the divestment process.
Why has there been a long gap between the first consultation in 2022 and the introduction of the Bill in 2026?
The Government carefully considered feedback received during the first round of consultations, as well as the complex legal issues arising from the proposed amendments. In that period the ALT Divestment Program has continued working towards a number of significant divestments proposed and supported by Aboriginal people or corporations.
Consideration of the amendments was deferred until after the March 2025 election due to a full legislative agenda. The Government has since reaffirmed its commitment to progressing the amendments.
Who do I contact if I have a question?
For more information email aapa-act@dplh.wa.gov.au.
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