The WA Government is implementing the recommendations of the Review of Native Title and Aboriginal Cultural Heritage Processes, to improve the efficiency, effectiveness and equity of these processes for mining and exploration activities.
In 2025, the WA Government commissioned a targeted review into Native Title and Aboriginal cultural heritage processes in Western Australia’s mining and exploration sector, with a focus on improving outcomes for both Traditional Owners and industry.
The review involved regional forums and direct engagement with Aboriginal stakeholders, representatives of the mining and exploration industry, and WA Government agencies, facilitated by National Native Title Tribunal Member Mr Glen Kelly.
The review considered the capacity of stakeholders to participate in consultation processes under current native title and Aboriginal cultural heritage legislation. It also looked at the implications of these processes for delivering social, economic and community benefits.
The final report was delivered by the National Native Title Tribunal on 9 February 2026 and was tabled in the Parliament of Western Australia on 9 June 2026.
Further Information
WA Government response to recommendations
Show moreThe WA Government’s response to the review is now available.
Implementation of the response is being led by the Department of the Premier and Cabinet, with support from the Department of Planning, Lands and Heritage and the Department of Mines, Petroleum and Exploration.
The WA Government will establish a working group to support consultations, initially on the Aboriginal Heritage Standard for Exploration and Prospecting. Expressions of interest to participate in the working group will be sought in the near future.
Implementation timeline
Show more
| Timing | Activity |
|---|---|
| Quarter 2, 2026 |
|
| Quarter 3-4, 2026 | Consult on:
|
| Quarter 1, 2027 |
|
| Quarter 1-4, 2027 | Consult on:
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| Quarter 1-2, 2028 | Further policy and technical guidance published Implement code of conduct/certification regime |
| Quarter 3, 2028 | Implement NTP support strategy Implement FA Process ILUA |
Aboriginal Heritage standard for exploration and prospecting
Show moreThe WA Government, in consultation with Traditional Owners and industry, will develop a new default heritage standard for new exploration projects and prospecting licences, and will consider an incentive payment for native title parties. The new default heritage standard will replace existing Regional Standard Heritage Agreements.
The new standard will ensure that minimum requirements are in place for new exploration projects and prospecting licences that align with contemporary standards.
In the longer term, the WA Government will develop alternative future act procedures, including standard rates and compensation entitlements, to be implemented by Indigenous Land Use Agreements with Traditional Owners.
Policy and technical guidance
Show moreThe WA Government, in consultation with Traditional Owners and industry, will develop policy and technical guidance on heritage processes. This work will build on existing material to improve accessibility and address information gaps.
The policy and guidance material will cover a variety of areas, including:
- consultation and engagement
- managing impacts to heritage
- timeframes and fees;
- and include template documents.
Native Title Party Support Strategy
Show moreTo help native title parties build and grow capacity, and to effectively participate in native title and Aboriginal cultural heritage processes, the WA Government will develop a statewide native title party support strategy.
This strategy will be developed with native title parties and Traditional Owners and may include support such as:
- Ongoing funding arrangements, linked to a schedule of fees
- Corporate development
- Governance support
- Training
Consultant code of conduct and certification
Show moreTo promote standards and consistency across heritage services, the WA Government will look at establishing a code of conduct and certification regime for heritage consultants.
The code of conduct and certification regime will be developed in consultation with relevant stakeholders.
Working together
Show moreThe WA Government will work to foster better engagement between industry and the native title sector by improving access to information and creating opportunities for better dialogue.
This will include a review of publicly available information to provide clarity and context on native title, Aboriginal cultural heritage, and mining processes.
The WA Government will also provide support for dispute resolution, including piloting a mediation service that will be available prior to the lodgment of a section 18 application under the Aboriginal Heritage Act 1972.
Frequently Asked Questions
Show moreWill there be changes to the Native Title Act 1993, the Mining Act 1978 or the Aboriginal Heritage Act 1972?
- No. The review was undertaken specifically in the context of the current laws and the report focuses on policy and process improvements.
- The WA Government does not intend to introduce amendments to the Aboriginal Heritage Act or the Mining Act as part of its response to the review. The Native Title Act is Federal legislation.
Why are some of the recommendations not supported?
The WA Government supports the majority of the recommendations. Some are not supported because they duplicate work already underway or recently undertaken by Government, or because they conflict with existing policy settings.
Why did it take so long to table the report or respond to it?
The Government has been focused on ensuring its response to the Review is robust and considered, and that it offers a roadmap for introducing system-wide improvements that will benefit Traditional Owners and industry.
What will the Government’s response to the report do to lower the sky-rocketing costs of heritage in this State?
The Government’s response is focused on practical measures for system wide improvement.
These measures will ensure that native title and cultural heritage processes are easier to navigate and reinforced by clear standards; that appropriate measures are in place to support participation in these processes; and that participants in the system are incentivised to approach Aboriginal cultural heritage matters fairly and efficiently.
On the Expedited Procedure
Will there be any changes to the expedited procedure or the native title requirements for explorers and prospectors?
The report recommends improvements to the way in which the expedited procedure is administered in Western Australia, through refreshing minimum standards for native title and heritage protection.
The expedited procedure remains part of the WA Government’s approach to ensuring Native Title Act compliance for mineral exploration and prospecting activities.
On the Aboriginal Heritage Standard and incentive payment
Will the WA Government release a draft version of the standard?
Yes, once a consultation draft has been developed.
Who will be consulted as part of developing the standard?
There will be broad public consultation, alongside focused engagement with Traditional Owner and industry representatives.
A working group, comprising Aboriginal and industry representatives, will be established to guide the development of the standard.
What role will the Department of Mines, Petroleum and Exploration play in enforcing the standard?
It is expected that the heritage standard will operate in a similar way to a standard land access or heritage protection agreement, meaning it will be enforceable by the parties.
How much will the incentive payment for native title parties be?
The incentive payment is still under consideration by the WA Government.
On the Future Act Process ILUA
Will the WA Government release a draft version of the Future Act Process ILUA?
Yes, once a consultation draft has been developed.
Who will be consulted as part of developing the standard?
There will be broad public consultation, alongside focused engagement with Traditional Owner and industry representatives.
On the Consultant Code of Conduct and Certification System
Will certification be mandatory?
It is expected that certification will be voluntary.
The WA Government anticipates that most consultants will see the benefit of certification as a signal to those seeking to use their services that they have met (and continue to meet) appropriate professional standards.
How will the consultant code of conduct and certification system be monitored and enforced?
The scheme will be developed as part of the next stage of implementation and will be subject to consultation.
Will stakeholders be consulted about the development of the code of conduct and certification system?
Yes. The WA Government is particularly interested in working with the relevant professional bodies that represent heritage professionals in the design of the scheme.
On the Heritage Policy Development
Will stakeholders be consulted on the development of policies?
Yes, as they are developed.
Will the WA Government release draft versions of any policy and technical guidance?
Yes, as consultation drafts are developed.
What kind of funding will be offered as part of the Native Title Party Support Strategy?
The level of funding will be considered through engagement with Prescribed Bodies Corporate and the broader native title sector, as well as engagement with the Federal Government.
What support other than funding will be offered?
The WA Government will be considering a range of supports for Prescribed Bodies Corporate and other native title parties as part of developing the strategy, in consultation with the sector.
This could include support for training, corporate development and governance initiatives.
How is the Native Title Party Support Strategy different to the Native Title Party Capacity Building Program?
The Native Title Party Capacity Building Program provides funding to native title parties to support capacity building for heritage functions.
While the program has broad support from the sector, the report suggests the need for a more holistic approach.
Isn’t this funding a Federal Government responsibility?
The Federal Government is responsible for funding Prescribed Bodies Corporate or PBCs, which are required to be established under the Federal Native Title Act.
The report finds that current funding programs are not adequate to support a well-functioning PBC sector and recommends the State consider additional funding measures as part of improving the systems examined as part of the Review.
The WA Government plan to engage the Federal Government in a constructive dialogue about funding for Aboriginal corporations that represent Traditional Owners, to ensure there is a stable foundation for engagement with other parties seeking to access land.
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