Frequently Asked Questions (FAQs)

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. 

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

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.

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 3 reserves in any tenure
• allow for Part 3 reserves to be divested to an Aboriginal corporation 
• enable the Minister to give Aboriginal corporations the power to grant permits over divested Part 3 reserves 
• replace outdated terms 
• provide clarity for the Aboriginal Lands Trust in carrying out its consultation duties 
• 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.

The following parts of the Act 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.

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 3 reserves. The proposed use for the land is often the best determinant of tenure.

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.

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.

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 of Planning, Lands and Heritage (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.

No. The Amendment Bill will allow Part 3 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.

No. The Amendment Bill will allow for the divestment of Part 3 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.

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.

There are four pastoral leases located within the ALT estate:

• Billiluna (N049567)
• Doon Doon (West) (N049571)
• Lake Gregory (N049428)
• Pippingarra (N049843)

Government has already made a commitment to divest the ALT estate into the control and management of Aboriginal people, including these four pastoral leases.

Any existing interest will be preserved as part of the divestment process.

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.

Appointment requests and any enquiries related to the Amendment Bill should be directed to the Department by email to aapa-act@dplh.wa.gov.au.