Native Title affecting the resources sector

Western Australia is exposed to the responsibilities of Native Title more than any other Territory or State in Australia.

Approximately 85 per cent of the State is subject to either a Native Title claim or has already received a Federal Court of Australia Native Title determination that recognises the existence of those rights and interests.

Western Australia also grants the highest number of land and resource titles in Australia, the majority of which must comply with the future act regime of the Native Title Act 1993 (Cth).

The National Native Title Tribunal can advise if a registered Native Title claim or determination of native title has been made in the area of a proposed project. If Native Title interests exist negotiations may be required with both the State Government and registered native title claimants or Native Title Body Corporates.

The department facilitates resource access according to relevant legislation and government policy on Native Title, Aboriginal heritage and land access planning for exploration and development of Western Australia’s resources on all State land areas and adjoining coastal waters.

The Department works with government departments and authorities, conservation bodies, the community and relevant industry groups, in order to achieve a balance between the needs of all.

Given the sensitive and involved nature of resource access issues, it is strongly suggested that assistance and further information is sought from the Resource Access Branch. 

Learn about Native Title affecting the resources sector in Western Australia.