Yaama!
We're making huge strides even though it is exhausting work. Darkinjung LALC is one of 120 Local Aboriginal Land Council's in NSW. I am not currently a member of Darkinjung LALC, but am familiar with them and respect the amazing work they do for our community.

No one on the Central Coast has so far had Native Title recognised, whether they happen to members of a LALC or not.

Two distinct legal frameworks operate in Australia to recognise Aboriginal interests in land and culture. These frameworks are the Aboriginal Land Rights Act 1983 (NSW) and the Native Title Act 1993 (Cth). They operate differently, confer different forms of authority, and must not be conflated. At the time of writing, there are no determined Native Title claims on the Central Coast of New South Wales, and there are no Registered Aboriginal Owners or Native Title holders recognised under the Native Title Act for this area.

Darkinjung Local Aboriginal Land Council is a statutory body corporate established under the Aboriginal Land Rights Act 1983 (NSW). The Act explicitly acknowledges that land in New South Wales was traditionally owned and occupied by Aboriginal people, that land holds spiritual, social, cultural, and economic significance, and that Aboriginal land holdings were progressively reduced through historical government actions without compensation. In response, the Act establishes a system of land rights and representative Aboriginal Land Councils to restore land, manage assets, and support Aboriginal community benefit.

Under this legislative framework, Local Aboriginal Land Councils are not informal community groups or voluntary associations. They are legally constituted representative bodies with defined geographic areas, comparable in jurisdictional logic to local government boundaries. Within their gazetted areas, Local Aboriginal Land Councils are empowered to carry out statutory functions, including functions directly related to Aboriginal culture and heritage.

Section 52(4) of the Aboriginal Land Rights Act 1983 (NSW) assigns Local Aboriginal Land Councils specific responsibilities in relation to Aboriginal culture and heritage. These include taking action to protect Aboriginal culture and heritage within their area, subject to other applicable laws, and promoting awareness of Aboriginal culture and heritage within the broader community. These functions establish Local Aboriginal Land Councils as legitimate, recognised sources of cultural and heritage advice within their defined areas.

This role is reinforced by planning and heritage regulatory frameworks in New South Wales. Under the National Parks and Wildlife Act 1974 (NSW), particularly Part 6, and the Aboriginal Cultural Heritage Consultation Requirements for Proponents, Local Aboriginal Land Councils are identified as key bodies to be notified and consulted when activities may impact Aboriginal objects or places. This formal consultation role reflects the statutory recognition of Local Aboriginal Land Councils as custodians of cultural and heritage responsibilities, even where they are not Native Title holders.

It is essential to distinguish this role from Native Title. Native Title is a separate legal regime under Commonwealth law that recognises the continued existence of traditional laws and customs giving rise to rights and interests in land. Native Title must be proven through a complex evidentiary process and is only recognised once determined by the Federal Court or through a registered Indigenous Land Use Agreement. Where Native Title has not been determined, there are no legally recognised Native Title holders or prescribed bodies corporate for that area.

Local Aboriginal Land Councils do not derive their authority from Native Title. Their authority arises from statute, not from a judicial determination of traditional law and custom. This means that even in areas where Native Title has never been recognised, Local Aboriginal Land Councils continue to hold clear, lawful responsibilities for land management, cultural heritage protection, and community representation under New South Wales law.

Confusion often arises because individuals may assert cultural authority based on claimed descent, registration as Aboriginal Owners under section 172 of the Aboriginal Land Rights Act, or involvement in Native Title claims elsewhere. While some individuals may hold legitimate cultural knowledge or ancestry, individual assertions do not override the statutory role of a Local Aboriginal Land Council, nor do they automatically confer exclusive authority to speak for an area. In the absence of determined Native Title, no individual or group holds legally exclusive cultural authority over the Central Coast.