Proponents may choose to enter Aboriginal heritage agreements as best practice, if the parties can agree on the terms of the agreement. You are encouraged to seek independent advice prior to entering any such agreement to ensure it meets your requirements.
Under the South West Native Title Settlement’s (the Settlement) Indigenous Land Use Agreements (ILUAs), State Government land users (Proponents) are required to enter into and follow the Noongar Standard Heritage Agreement (NSHA). This applies where an Aboriginal Heritage Survey is required and a pre-existing heritage agreement was not in place as at 8 June 2015. Mining Proponents who have applied for, or been granted, a mining tenement after this date will have a condition on title which requires them to enter into an NSHA or another form of Heritage Agreement (as defined in the ILUAs).
Further information is available on:
- the South West Native Title Settlement
- the Noongar Standard Heritage Agreement
- the role of the Noongar Regional Corporations in heritage processes
- the Aboriginal Heritage Act 1972
- approvals under the Aboriginal Heritage Act 1972, at Aboriginal Heritage Approvals
Other stakeholders including Local Government Authorities are not parties to the ILUAs, and there is no legal requirement under the ILUAs or the Aboriginal Heritage Act 1972 for them to enter into any kind of heritage agreement.
A modified version of the NSHA tailored for local government regulations was developed with the Western Australian Local Government Association (WALGA) for the purposes of undertaking Aboriginal heritage surveys. Some local governments and Regional Corporations have already entered into a partnership through that Noongar Heritage Agreement for Local Government (NHALG).
The NSHA and the NHALG set requirements for engagement between a proponent and either one of the six Noongar Regional Corporations or the South West Aboriginal Land and Sea Council (SWALSC), dependent upon who is the contracting party. Whilst some Noongar Regional Corporations have developed alternative heritage agreements, the NSHA and the NHALG remain the only State government endorsed form of Aboriginal heritage agreements.
The Department can assist with more information and a copy of the NHALG so that you may consider whether it is an acceptable form of agreement for discussion with local governments.
Alternative agreements for Aboriginal heritage may seek to contract a broader range of services than the standard provided for in the Settlement, or as required under the Aboriginal Heritage Act 1972 or associated regulations. Stakeholders considering entering an alternative heritage agreement are encouraged to seek independent advice to ensure that any such agreement meets their requirements. Alternatively stakeholders may choose to simply follow the principles of the NSHA.
If stakeholders choose to enter a new Aboriginal heritage agreement, consultations should happen directly with the relevant Noongar Regional Corporation in the first instance. Some of the Noongar Regional Corporations have taken over the responsibility for entering new agreements, whilst others have asked that the SWALSC manage agreement making on their behalf. If you have an existing NSHA or NHALG, then the contact point should be the party the agreement has been signed with.
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