Background
The South West Native Title Settlement (Settlement) - negotiated between the Noongar people and the Western Australian (WA) Government - covers approximately 200,000 square kilometres of the south west region and recognises the Noongar people as the traditional owners of the area.
The Settlement, in the form of six Indigenous Land Use Agreements (ILUAs), was made in compliance with the Native Title Act 1993 (Cth) (NTA) and commenced on 25 February 2021.
The six ILUA Groups are:
- Yued
- Whadjuk People
- Gnaala Karla Booja
- Ballardong People
- South West Boojarah #2
- Wagyl Kaip & Southern Noongar
Value of Settlement
Show moreThe Settlement package provides the Noongar people with sustainable assets and options for developing Noongar interests, including opportunities for the WA Government and other land users to wo
What does the Resolution of Native Title mean for existing native title agreements and future title/tenement holders?
Show moreNative Title was resolved in the Settlement area on 13 April 2021 (Native Title Resolution Date), which means future act processes no longer occur.
The WA Government is supportive of agreements in the Settlement area being finalised even if that occurs after the native title resolution date of 13 April 2021. The WA Government also encourages continued agreement making and engagement with the Noongar community and the six Noongar regional corporations (representing the six ILUA groups), to ensure land use activities benefit the recognised Traditional Owners.
It is important that the parties to existing native title agreements consider what is required under those agreements, including any mutually desired alternative arrangements following the resolution of native title. This may require proponents to obtain legal advice on their agreements and the circumstances in which the agreements were made, while considering their objectives in developing and maintaining ongoing relationships with future Noongar corporations.
The resolution of native title may not affect the enforceability of land access and native title compensation agreements between proponents and native title claim groups, particularly where the parties intended for these agreements to continue beyond the commencement of the Settlement.
The South West Land and Sea Council (SWLSC) is currently in the process of preparing legal instruments, which are designed to allow for the future transfer of agreements that continue beyond the Settlement Effective Date, from the various claim groups to the Noongar Regional Corporations once established. Proponents should seek legal advice regarding their particular agreement and this transfer process.
Aboriginal heritage protection
Show moreExisting obligations linked to the protection of Aboriginal heritage in the Settlement area remain. Since June 2015 the Noongar Standard Heritage Agreement (NSHA) has been operating for the WA Government and its proponents. The Aboriginal Heritage Act 1972 also continues to apply across the Settlement area.
Granting of mining and petroleum tenure
Show moreThe Department of Mines, Petroleum, and Exploration (the department) will continue to apply the heritage condition (ILUAs Schedule 10 cl.18) on grant of mining or petroleum titles within the Settlement area.
The condition is imposed under the Mining Act 1978, petroleum titles under the Petroleum and Geothermal Energy Resources Act 1967 and pipeline licences under the Petroleum Pipelines Act 1969.
The purpose of the condition is to ensure title holders enter into an Aboriginal Heritage Agreement (as defined by the relevant ILUA) or a Noongar Standard Heritage Agreement (NSHA) before any rights can be exercised.
The NSHA is a specific kind of Aboriginal heritage agreement. Additional information on the NSHA is available.
Updated Noongar Standard Heritage Agreement arrangements from 9 December 2022
Show moreThe 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.
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