As a part of the South West Native Title Settlement, six Noongar Regional Corporations have been established to represent rights and interests of the six Noongar Agreement Groups. The Noongar Regional Corporations’ core functions include maintaining, protecting, promoting and supporting their culture, customs, language and traditions.
Noongar Regional Corporations have prescribed responsibilities under the Settlement Indigenous Land Use Agreements. In relation to Aboriginal heritage, these responsibilities include:
- executing Noongar Standard Heritage Agreements (NSHAs) or alternative Aboriginal Heritage Agreements, and
- entering the Noongar Heritage Partnership Agreement.
These agreements set requirements for the State Government and non-Government parties to engage with the Noongar Regional Corporations, and support compliance with the Aboriginal Heritage Act 1972.
Other stakeholders may choose to enter into an Aboriginal heritage agreement. More information about this can be found at Heritage agreements in the South West.
Organisations that are not party to these agreements should always consult with relevant Aboriginal people when seeking approval to undertake activities under the Aboriginal Heritage Act 1972. Where Aboriginal heritage can be avoided, and will not be impacted, no approval is required.
If approval is required, the Consultation policy for section 18 applications sets out the steps proponents should take. The policy explains that consultation may occur with the relevant Noongar Regional Corporation as the ‘native title party’, and other Aboriginal people with knowledge and rights regarding Aboriginal sites who are not members of that Noongar Regional Corporation. This prior and early consultation with the Noongar Regional Corporations is important as the Aboriginal Heritage Act 1972 now provides those corporations with a right to seek State Administrative Tribunal review of any consents issued under section 18 of the Act.
Where an existing relationship is in place with other Traditional Owner organisations and knowledge holders to consult on Aboriginal heritage matters, proponents are encouraged to include the Noongar Regional Corporation in these discussions.
If stakeholders are unable to consult with the Noongar Regional Corporations and would like to know which other organisations and individuals they might consult with, you can lodge an enquiry for advice.
Consultation on broader Noongar cultural matters
It is expected that the Noongar Regional Corporations will be a key contact point for engagement on a range of other Noongar cultural heritage matters for stakeholders including State and local Government, not-for-profit organisations and private businesses.
These matters might include things such as Welcome to Country Ceremonies, community and professional services.
Noongar Regional Corporations do not have exclusive authority to provide cultural advice and information. Other Aboriginal corporations and/or individuals with traditional knowledge can also provide these services. When stakeholders are considering who to approach for cultural advice and services, they are encouraged to include Noongar Regional Corporations as part of their engagement.
Aboriginal heritage approvals
Consents or approvals under the Aboriginal Heritage Act 1972 are the responsibility of the Registrar of Aboriginal Sites, the Aboriginal Cultural Heritage Committee or the Minister for Aboriginal Affairs.
The Noongar Regional Corporations do not provide consents and approvals under the Aboriginal Heritage Act 1972, but can provide advice about heritage approvals, which are taken into account and may inform conditions of approval.
Further information about:
- the Aboriginal Heritage Act 1972
- on Aboriginal Heritage Approvals under the Aboriginal Heritage Act 1972
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