The Noongar Standard Heritage Agreement (NSHA) was negotiated by the South West Aboriginal Land and Sea Council, the Noongar Agreement Groups and the WA Government to ensure compliance with the Act and Regulations when a planned use activity may adversely impact an Aboriginal site. The NSHA provides:
- a uniform and efficient approach to the conduct of Aboriginal heritage surveys
- streamlined land approvals in compliance with the Aboriginal Heritage Act 1972 and Aboriginal Heritage Regulations 1974
- consistency with the WA Government's Aboriginal Heritage Due Diligence Guidelines
- all parties with a clear, timetabled framework about their various obligations
- a process to ensure the submission of relevant site or Aboriginal object information for inclusion on the Aboriginal Heritage Inquiry System
On 9 December 2022, following the signing of Regional Corporation Deeds of Novation, the six Noongar Regional Corporations (Regional Corporations) became parties to the six South West Settlement Indigenous Land Use Agreements (ILUAs).
Prior to 9 December 2022, Noongar Standard Heritage Agreements (NSHAs) and other Aboriginal Heritage Agreements (as defined in the ILUAs) were with the South West Aboriginal Land and Sea Council (SWALSC) on behalf of the relevant ILUA Group. From 9 December 2022 the six new Noongar Regional Corporations are now responsible for entering into NSHAs and other Aboriginal Heritage Agreements (as defined by the Settlement’s ILUAs) in their respective ILUA areas.
Updated templates for each Regional Corporation must be used for all new NSHAs made from 9 December 2022.
The Ballardong Aboriginal Corporation, Gnaala Karla Booja Aboriginal Corporation, Whadjuk Aboriginal Corporation and the Yued Aboriginal Corporation have authorised SWALSC officers to:
- coordinate advice to Proponents on existing NSHAs and other Aboriginal Heritage Agreements, and Proponent requests for new agreements;
- continue to accept and process Aboriginal Heritage Agreement (including NSHA) Activity Notices in consultation with Regional Corporations and their Cultural Advice Committees.
For lodgement of Activity Notices, requests for new NSHAs and advice on Aboriginal Heritage Agreements and Aboriginal heritage related matters for the Ballardong, Gnaala Karla Booja, Whadjuk and Yued ILUA areas generally, please contact SWALSC at legal.team@noongar.org.au or on (08) 9358 7400.
For lodgement of Activity Notices, requests for new NSHAs and advice on Aboriginal Heritage Agreements and Aboriginal heritage related matters for the South West Boojarah (Karri Karrak) and Wagyl Kaip Southern Noongar ILUA areas generally, please use the following contacts:
- South West Boojarah (Karri Karrak) ILUA region at Karri Karrak Aboriginal Corporation at heritage@karrikarrak.org.au or on 0484 351 164
- Wagyl Kaip Southern Noongar ILUA region at Wagyl Kaip Southern Noongar Aboriginal Corporation at heritage@wagylkaip.org.au and kaya@wagklkaip.com or on (08) 8166 1940
The Department for Planning, Lands and Heritage (South West Native Title Settlement Heritage) can also be contacted for guidance on Aboriginal heritage requirements in the Settlement area at: swsheritage@dplh.wa.gov.au, or on 6551 7985.
Operational overview
Show moreOperation of the NSHA
From 8 June 2015 (Execution of the ILUAs) the NSHA must be entered into by WA Government land users when an Aboriginal heritage survey is required in the Settlement Area and a pre-existing heritage agreement does not already exist.
The NSHA defines an Aboriginal heritage survey as a:
"survey conducted to assess the potential impacts of Activities on Aboriginal Heritage, whether or not conducted under this NSHA and may include anthropological, ethnographic or archaeological investigations as appropriate".
An Aboriginal heritage survey may be required because of a planned ground-disturbing activity, development or other land use activity that may impact Aboriginal heritage.
Noongar people can contact the South West Aboriginal Land and Sea Council for further information and involvement with the NSHA and Aboriginal heritage surveys.
Aboriginal Heritage Act 1972 and the Noongar Standard Heritage Agreement
The WA Aboriginal Heritage Act 1972 (AHA) and Aboriginal Heritage Regulations 1974 (AHR) were enacted to protect and preserve Aboriginal sites. Anyone who excavates, destroys, damages, conceals or in any way alters any Aboriginal site commits an offence under Section 17 of the AHA, unless he or she acts with the authorisation of the Registrar of Aboriginal Sites (Registrar) under Section 16 or the consent of the Minister of Aboriginal Affairs (Minister) under Section 18.
The Noongar Standard Heritage Agreement (Annexure C of the ILUAs) was negotiated by South West Aboriginal Land and Sea Council, the Noongar Agreements Groups and the WA Government to ensure compliance with the Aboriginal Heritage Act and Regulations.
The NSHA was primarily developed for use by the WA Government and industry, however other land users are encouraged to consider using the NSHA if their planned activity is within the Settlement Area and presents a potential impact to Aboriginal heritage. All land users who wish to use land for a purpose which might constitute an offence under section 17 of the AHA must exercise due diligence in trying to establish if their proposed activity on a specified area may damage or destroy an Aboriginal site.
Information for land users
Show moreAboriginal Heritage due diligence
Land users planning activities within the Settlement area that may require an Aboriginal heritage survey can in the first instance contact the Department and should be familiar with the Aboriginal Heritage Due Diligence Guidelines.
The NSHA's definition for a survey is as follows, however "survey conducted to assess the potential impacts of Activities on Aboriginal Heritage, whether or not conducted under this NSHA and may include anthropological, ethnographic or archaeological investigations as appropriate".
A survey can be conducted without any prompt linked to land use and a survey can be for identification purposes only e.g. identifying Aboriginal sites along a waterway.
Leaving Aboriginal Heritage matters until late in the planning process can lead to unnecessary delays and costs. The Department’s Aboriginal Heritage Inquiry System (AHIS) can identify Aboriginal sites and the six ILUA Areas (Settlement Area) have been incorporated into the AHIS.
Search the AHIS for ‘Registered sites’ or ‘other heritage places’ using the drop-down category ‘Native Title SW Settlement ILUA’ - AHIS incorporates the Register of Aboriginal Sites.
WA Government land users
State Government departments, agencies and instrumentalities (Proponents) who wish to conduct an Aboriginal heritage survey within the South West Settlement Area, are required to enter into a NSHA with either the relevant Noongar Regional Corporation or the South West Aboriginal Land and Sea Council (SWALSC) on behalf of the relevant Indigenous Land Use Agreement (ILUA) Group, unless they have a pre-existing heritage agreement and wish to continue it. State Government Proponents should in the first instance contact the relevant Noongar Regional Corporation to determine if they are entering new NSHA agreements direct with the proponent or through SWALSC.
Contact the South West Settlement Heritage team for guidance.
Local Government authorities
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. Nonetheless, we appreciate that many wish to do so as best practice if the parties can agree on the terms of the 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). DPLH can assist with more information and a copy of the NHALG for other Regional Corporations if requested, so that they may consider whether it is an acceptable form of agreement for discussion with local governments. All parties are encouraged to seek their own independent advice prior to entering any such agreement to ensure it meets their requirements.
Further information can be found at Heritage Agreements in the South West.
Further information can be on the role of Noongar Regional Corporations can be found here.
Grant of mining and petroleum tenure
Show moreFrom 8 June 2015, the Department of Mines, Petroleum and Exploration (DMPE), Industry Regulation and Safety (DMIRS) is bound to apply the heritage condition prescribed at Clause 18 of Schedule 10 of each South West Native Title Settlement Indigenous Land Use Agreement (ILUA) area, upon grant of mining or petroleum tenure.
The condition requires that tenure holders must enter into an Aboriginal Heritage Agreement or a NSHA with the relevant Native Title Agreement Group before any rights can be exercised. The registered title holder must provide a Proponent Statutory Declaration (as per Annexure U to the ILUAs) as evidence of compliance of that condition.
The condition provides that if the tenure holder and the relevant Native Title Agreement Group (currently either the relevant Noongar Regional Corporation or the South West Aboriginal Land and Sea Council (SWALSC) fail to reach agreement on an alternative Aboriginal Heritage Agreement within 20 business days of the commencement of negotiations, the tenure holder must execute and enter into a NSHA subject only to any necessary modifications in terminology required for the tenure (ie Entering a NSHA form). Proponents should in the first instance contact the relevant Noongar Regional
Corporation to determine if they are entering new NSHA agreements direct with the proponent or through SWALSC.
Access the TENGRAPH spatial enquiry system to see the position of WA mining tenements and petroleum titles in relation to other land information. DMPE Tengraph system has been updated to show each of the six ILUA areas.
Further information is available at DMPE website.
Survey Costs
Show moreSchedule 5 of the NSHA sets out the costs usually involved in an Aboriginal heritage survey including:
• Aboriginal Heritage Service Providers
• archaeologists
• Aboriginal consultants
• conduct of fieldwork
• travel expenses.
See Schedule 5 of the Noongar Standard Heritage Agreement for the rates which include reference to the Consumer Price Indexation (CPI). CPI is varied annually; see the Australian Bureau of Statistics for the CPI for the relevant year.
The rate for Aboriginal Heritage Consultants was originally specified to be $500 per day plus CPI. From 31 August 2025 the total sum including CPI increases is calculated at $664.00 per day.
Due Diligence Guidelines
The Due Diligence Guidelines are provided for use in accordance with Clause 7.2 of the NSHA.
Noongar Standard Heritage Agreements templates
Indigenous Land Use Agreements
Ballardong Indigenous Land Use Agreements
Gnaala Karla Booja Indigenous Land Use Agreements
South West Boojarah Indigenous Land Use Agreements
Whadjuk Indigenous Land Use Agreements
Yued Indigenous Land Use Agreements
Activity notice template
The Activity notice template is to be used by the Proponent when issuing an 'Activity Notice' under the NSHA.
Activity notice response template
The Activity notice response template is to be used by SWALSC or the Noongar Regional Corporations when issuing an ‘Activity Notice Response’ as per clause 8.3 of the NSHA.
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