Negotiated between the six Noongar Agreement Groups, represented by the South West Aboriginal Land and Sea Council and the WA Government, the Settlement comprises the full and final resolution of all native title claims in the South West of Western Australia, in exchange for the South West Native Title Settlement Package.
About the South West Native Title SettlementShow more
It is a significant investment in the Noongar community and the shared future of the WA community as a whole, providing the Noongar people with long-term benefits and options for developing Noongar interests.
The Settlement will provide opportunities for the WA Government to work in partnership with the Noongar people to improve economic, social and cultural outcomes for the Noongar community.
In addition, it will deliver long-term benefits to the WA Government and land users through resolving native title claims and removing all 'future act' obligations across the South West.
The full details of the Settlement are recorded in six Indigenous Land Use Agreements (ILUAs) made in compliance with the Native Title Act 1993 (NTA) with the six Noongar Agreement Groups. The NTA will continue to apply over the Settlement Area until the ILUAs are conclusively registered and Native Title is surrendered.
South West Native Title Settlement PackageShow more
The Settlement will provide Noongar people with long-term benefits and opportunities for developing Noongar interests, working in partnership with the WA Government.
Noongar Recognition through an Act of Parliament
Noongar Boodja Trust
Noongar Land Estate
Noongar Land Fund
Access to Crown Land
Co-operative and joint management
Noongar Housing Program
Capital Works Program
Noongar Standard Heritage Agreement
Noongar Heritage Partnership Agreements
Noongar Regional Corporations and Central Services Corporation
A whole-of-government approachShow more
The Settlement brings together a range of WA Government agencies, departments and instrumentalities working towards common goals within their various legislative and policy areas for the long-term benefit of the Noongar people.
Key agencies involved in the Settlement include the:
- Department of the Premier and Cabinet, Aboriginal Policy and Coordination Unit
- State Solicitor's Office
- Department of Planning, Lands and Heritage
- Department of Mines, Industry Regulation and Safety
- Department of Biodiversity, Conservation and Attractions
- Department of Communities
- Department of Primary Industries and Regional Development
- Department of Finance
- Department of Water and Environmental Regulation
- Water Corporation.
The Noongar governance structure comprises three major components:
- Noongar Boodja Trust - will hold and deliver assets for the Noongar Corporations
- Noongar Corporations - the representatives of the six Noongar Agreement Groups and the only beneficiaries of the Noongar Boodja Trust
- Noongar Governance Structure Committees - a range of committees and structures that provide support, direction and influence over how the Noongar Boodja Trust is managed.
As a part of the Noongar Governance Structure the following committees and structures will be formed:
- Noongar Advisory Company
- Noongar Relationship Committee
- Nominations Committee
- Investment Committee
- Noongar Corporations Committee
Each committee has a clearly defined role and set of objectives. The inclusion of these discrete committees in the Noongar Governance Structure is to ensure the long-term accountability of the Noongar Boodja Trust is in line with the Noongar peoples' expectations and future aspirations.
Noongar Advisory Company
The initial Noongar Boodja Trust trustee (NBT Trustee) will rely on the Noongar Advisory Company for important cultural context and understanding in managing assets.
The NBT Trustee will consult with the Noongar Advisory Company on:
- managing its relationship with and liaison with the Noongar people, the Noongar Corporations Committee, the Central Services Corporation, and the Regional Corporations
- fostering mutual respect and cooperation between the NBT Trustee, the Noongar people, the Central Services Corporation, and the Regional Corporations
- the NBT Trustee's fulfilment of the Trust purpose and terms of the Trust Deed generally.
The Noongar Advisory Company will comprise six directors:
- Two nominated Noongar directors
- Two Independent directors
- One State nominee
- One NBT Trustee nominee.
The Nominations Committee will manage the selection process for board and committee positions, as well as assisting with the appointment of the directors of the Noongar corporations.
The six Nomination Committee members cannot be on any other committees or boards within the Noongar corporations or the NBT.
The Nominations Committee membership will include:
- one Trustee representative
- one Noongar Relationship Committee nominee
- two Noongar people with relevant director and board member experience
- two independent people with relevant director and board member experience.
Noongar Relationship Committee
The Noongar Relationship Committee will review the NBT Trustee's obligations to the Noongar Corporations under the Trust Deed. The NBT Trustee is required to consult with the Noongar Relationship Committee on matters relating to the Trust, including but not limited to:
- access to the Noongar Future Fund
- allocating funds from the development of land
- any changes to the Trust Deed
- assist with the review of the Central Services Corporation's service delivery to the Noongar Regional Corporations.
The Noongar Relationship Committee will comprise up to 17 members, including:
- all representatives from the Noongar Corporations Committee
- three directors of the Noongar Advisory Company comprising:
- the Trustee nominee director
- one independent director
- one expert representative from the Noongar community.
The Investment Committee will work with the Noongar Corporations Committee, the Noongar Advisory Company, and the WA Government on investment matters and the development of the Investment Policy.
The Investment Committee is also responsible for the appointment of Investment Managers. Investment Managers must at all times be independent and hold an Australian Financial Services Licence and meet a range of other specified requirements, including demonstrated experience in property management.
The Investment Committee will have a role in assessing and arranging for the sale, or development and sale, of properties included in the Development Land Fund.
The Investment Committee will comprise:
- one Trustee nominated representative to act as Chair
- two representatives with a minimum of five years' relevant experience and expertise nominated by the Noongar Corporations Committee
- four independent members nominated by the NBT Trustee on the recommendations of the Nominations Committee including:
- two members with a minimum five years' experience and expertise in property transaction
- two members with a minimum 5 years' experience and expertise in fund management greater than $500 million.
Noongar Corporations Committee
The Noongar Corporations Committee (NCC) will be established and supported by the Central Services Corporation and is the primary forum for consultation amongst the Noongar Regional Corporations and the Central Services Corporation. The Noongar Boodja Trust Trustee is not involved in the Noongar Corporations Committee.
The NCC will consist of the Chair and Chief Executive Officer of each of the six Noongar Regional Corporations and the Central Services Corporation.
It provides a forum for all of the Noongar Corporations to come together to discuss matters of mutual interest. The Trustee is required to consult the NCC on certain important matters relating to the Trust including:
- investment policy
- nominations to the Investment Committee
- the strategic plan for the Trust
- changes to the Trust Deed
- nomination of a Dedicated Trustee.
The NCC will also make recommendations to the Trustee on how it should consult with the Noongar Community.