Our Work

Our work is grounded in a rights-based approach that upholds the principles of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), including Free, Prior and Informed Consent (FPIC). We are committed to advancing First Nations rights, self-determination, and economic empowerment through all that we do.

Photo credit: Benjamin Warlngundu Bayliss

Clean energy & critical minerals

The NNTC is leading efforts to support PBCs in navigating the clean energy transition, focusing on land access and benefit-sharing agreements. With funding from Boundless Earth, we are collaborating with the Mabo Centre to develop resources that draw on First Nations’ experiences in clean energy, transmission, and critical minerals development, both in Australia and globally.

One emerging model is co-ownership, where Traditional Owner groups hold equity in developer companies. This model offers potential for long-term revenue and influence over projects, but it may not suit all groups. We are creating resources to help PBCs understand the potential risks and rewards of equity stakes in large-scale clean energy projects.

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Photo credit: Benjamin Warlngundu Bayliss

Photo credit: Benjamin Warlngundu Bayliss

Native Title Compensation: Understanding Your Rights

The Native Title Act 1993 (Cth) (NTA) provides a pathway for Traditional Owners to reclaim native title rights and seek compensation for actions that have impacted those rights. While many Traditional Owner groups initially focused on reclaiming their land, many are now exploring their entitlement to compensation for acts that have impaired or extinguished their native title.

Under the NTA, native title holders may be eligible for compensation for certain government actions taken after 1975 that affected their native title rights, such as land acquisitions for townships. In specific cases involving the Northern Territory or Australian Capital Territory, compensation may also apply to acts before 1975.

To date, there have been few compensation claims heard by the courts, with only one landmark case from 2019—Northern Territory v Griffiths (Timber Creek case)—resulting in a determination from the High Court of Australia. This case awarded compensation for economic loss, non-economic loss, and cultural loss caused by the Northern Territory government.

In early 2025, the High Court delivered another significant ruling in Commonwealth of Australia v Yunupingu, confirming that native title rights are considered property under the Constitution. This means native title is protected under Constitutional provisions requiring “just terms” compensation when compulsorily acquired by the Commonwealth.

NNTC’s Compensation Strategy

The National Native Title Council (NNTC) is working to support native title holders in accessing the compensation they are entitled to. Key initiatives include:

Exploring alternative settlement frameworks to resolve claims outside of court;
Considering a Strategy to answer key legal questions and inform precedents in native title compensation;
Sharing updates and resources with members and stakeholders;
Facilitating a Network for legal practitioners to discuss strategic issues; and
Advocating for native title holders in key forums and collaborating with government agencies.

For more information about the NNTC’s work on native title compensation, contact Clinton Benjamin, Director of Native Title, at clinton.benjamin@nntc.com.au.

Resources & Updates

Stay informed with these resources:

Key focus areas

Future Acts

The NNTC is advocating for reforms to the future acts regime to uphold the right to Free, Prior and Informed Consent and to ensure adequate resourcing for PBCs.

The “future acts regime” is a framework in the Native Title Act outlining the procedures that need to be followed before proposed developments or activities impacting native title lands and waters can proceed. The grant of a mining lease or construction of public infrastructure are examples of “future acts”.

The future acts regime currently does not empower Traditional Owners to decide what happens on their Country and places significant strain on the limited resources of PBCs. The regime entrenches power imbalances between native title holders and project proponents by providing weak procedural rights that result in projects going ahead without consent, and suboptimal compensation and benefit sharing outcomes.

We are closely engaging with an Inquiry by the Australian Law Reform Commission (ALRC), which will develop recommendations for how the regime can be improved, including to rectify inequality or unfairness in how it operates. The NNTC’s response to the ALRC’s Issues paper can be access here. The ALRC will provide its final report to the Attorney-General by 8 December 2025.

Native Title Compensation

Native Title Holders can seek compensation when their native title rights are extinguished or impaired. However, the Native Title Act provides little guidance on how compensation should be valued. To help address this, the NNTC is developing a National Compensation Strategy. This strategy promotes negotiated settlements over lengthy, costly, and often traumatic litigation processes.

The NNTC also plays a leading role in key native title compensation forums, working closely with key stakeholders, including the Commonwealth Attorney-General’s Department, NIAA, and State and Territory Governments.

PBC Funding Reform

Strong, well-resourced PBCs are vital for achieving Australia’s net-zero goals, driving economic empowerment, and closing the gap for First Nations people.

The NNTC, in collaboration with the PBC Steering Group and NIAA, is advocating for sustainable funding for PBCs, working closely with the Minister for Indigenous Australians on a proposed staged reform model aimed at increasing sector funding and establishing a long-term investment fund for its sustainability.

National cultural heritage law reform

The First Nations Heritage Protection Alliance (FNHPA) has a formal partnership with the Australian government on cultural heritage reforms.

The FNHPA, which is hosted by the NNTC, have been working with the Commonwealth Department of Climate Change, Energy, the Environment and Water to co-design proposals to reform the Aboriginal and Torres Strait Islander Heritage Act 1984 (Cth) to better protect the rights of Traditional Owners.

Dhawura Ngilan business and investor initiative

Current laws and policies in Australia are mostly unfit for the purpose of protecting and conserving First Nations Cultural Heritage. As a result, it is incumbent on businesses and investors to reach beyond legislative standards and implement leading practice for cultural heritage as defined by First Nations Peoples.

The Dhawura Ngilan Business and Investor Initiative is a First Nations-led project that provides resources to enable investors and business to pro-actively contribute to the Dhawura Ngilan Vision by achieving best practice throughout their operations. Dhawura Ngilan means “Remembering Country" in the Ngunnawal language.

This Initiative is led by the First Nations Heritage Protection Alliance in partnership with the Responsible Investment Association Australasia and UN Global Compact Network Australia. The Initiative launched two Guides on 19 March 2024 in Canberra and is now working with key industry leaders to implement the Guides.

The National Agreement on Closing the Gap

https://www.closingthegap.gov.au/national-agreement
- Target 8 (economic development)
- Target 15 (land and waters)

Clean energy & critical minerals

The NNTC is leading efforts to support PBCs in navigating the clean energy transition, focusing on land access and benefit-sharing agreements. With funding from Boundless Earth, we are collaborating with the Mabo Centre to develop resources that draw on First Nations’ experiences in clean energy, transmission, and critical minerals development, both in Australia and globally.

One emerging model is co-ownership, where Traditional Owner groups hold equity in developer companies. This model offers potential for long-term revenue and influence over projects, but it may not suit all groups. We are creating resources to help PBCs understand the potential risks and rewards of equity stakes in large-scale clean energy projects.

Offshore energy

The history of resource development in this country, both minerals and energy, has been a history of dispossession of Traditional Owners and theft of their resources. As this country transitions towards a renewable energy economy, it is vital that a history of dispossession of Traditional Owners and theft of their resources is not repeated in the offshore environment.

Several recent decisions in the Federal Court have highlighted deficiencies in the way Traditional Owners’ interests in Commonwealth offshore areas have been considered in the context of offshore energy projects. Ensuring protection of Traditional Owner social and economic rights and cultural heritage, as well as ensuring that Traditional Owner communities enjoy economic and social benefits deriving from offshore activities, is essential

Regional forums

The NNTC hosts six PBC Regional Forums annually, funded by the NIAA. Co-presented by NTRB/SPs the forums bring together Directors from PBCs across that region to hear about the support available from government, to share experiences, and discuss challenges faced by PBCs.

We encourage PBCs to invite youth delegates to foster mentoring and the development of future leaders. To find out more about upcoming forums in your region, contact carolyn.betts@nntc.com.au.

Training and events

We host a range of events for members and the native title sector. From national conferences to regional training to workshops with local PBC boards.

All of our events provide clear, relevant information in a culturally safe space run by experienced NNTC staff and First Nations facilitators on hand to ensure best possible experience for our delegates.

To find out more visit our events page.

Engagement

External engagements in the last 6 months

34

PBCS & TOCS

12

REP BODIES AND REGIONAL BODIES

67

INDUSTRY AND PRIVATE SECTOR

45

NATIONAL ORGANISATIONS AND ALLIANCES