South West Native Title Settlement timeline

Fact sheet
Timing – Chronology of the key events for the South West Native Title Settlement.
Last updated:

 

DateEvent 
7 June 2024ILUA Variation Agreements executed to extend deadline for State payment of funds for Capital Works (Administrative Offices) to Noongar Boodja Trust by a year, to June 2025, with option of a further year’s extension 
15 May 2024Fourth State Payment made to the Noongar Boodja Trust 
February - June 2024First annual Noongar Land Fund Joint Management Funding payments made to each of the six Noongar Regional Corporations. 
25 May 2023First meeting of the Noongar Economic Participation Steering Group 
27 April 2023Third State Payment made to Noongar Boodja Trust. See the Media Statement 'State Government pays 68 million dollars to Noongar Boodja Trust.  

9 December 2022

Noongar Regional Corporation Deeds of Novation commencement date.  Regional Corporations became parties to the ILUAs, and responsible for entering into Noongar Standard Heritage Agreements and other Aboriginal Heritage Agreements (as defined in the ILUAs) with Government and Industry Proponents.  
6 December 2022Noongar representatives and the Hon Tony Buti MLA, Minister for Aboriginal Affairs met to sign Noongar Regional Corporation Deeds of Novation, formalising the role of the six new Noongar Regional Corporations as parties to the ILUAs – See the Media Release ‘New Noongar Regional Corporations sign onto South West Settlement Agreement’. 
29 November 2022Karri Karrak Aboriginal Corporation appointed as a Noongar Regional Corporation by the Noongar Boodja Trustee, following endorsement by the South West Boojarah #2 Agreement Group and the WA Government
18 November 2022Yued Aboriginal Corporation appointed as a Noongar Regional Corporation by the Noongar Boodja Trustee, following endorsement by their Agreement Group and the WA Government 
9 November 2022Gnaala Karla Booja Aboriginal Corporation appointed as a Noongar Regional Corporation by the Noongar Boodja Trustee, following endorsement by their Agreement Group and the WA Government 
2 November 2022Whadjuk Aboriginal Corporation appointed as a Noongar Regional Corporation by the Noongar Boodja Trustee, following endorsement by their Agreement Group and the WA Government
20 October 2022Ballardong Aboriginal Corporation appointed as a Noongar Regional Corporation by the Noongar Boodja Trustee, following endorsement by their Agreement Group and the WA Government 
20 October 2022Wagyl Kaip Aboriginal Corporation appointed as a Noongar Regional Corporation by the Noongar Boodja Trustee, following endorsement by the Wagyl Kaip and Southern Noongar Agreement Group and the WA Government 
18 August 2022First South West Settlement Annual Update - See the Media Release 'First annual South West Native Title Settlement update outlines significant progress'. 
16 July 2022Gnaala Karla Booja Aboriginal Corporation General Meeting.  First Member Directors and Cultural Advice Committee members commenced their terms 
9 July 2022Yued Aboriginal Corporation General Meeting. First Member Directors and Cultural Advice Committee members commenced their terms. 
2 July 2022Karri Karrak Aboriginal Corporation (South West Boojarah #2 ILUA) General Meeting. First Member Directors and Cultural Advice Committee members commenced their terms. 
29 June 2022SWALSC appointed by the Noongar Boodja Trustee as the Central Services Corporation, following endorsement by the six Agreement Groups and WA Government 
25 June 2022Whadjuk Aboriginal Corporation General Meeting; First Member Directors and Cultural Advice Committee members commenced their terms. 
18 June 2022Ballardong Aboriginal Corporation General Meeting; First Member Directors and Cultural Advice Committee members commenced their terms. 
11 June 2022Wagyl Kaip Aboriginal Corporation General Meeting; First Member Directors and Cultural Advice Committee members commenced their terms. 
26 April 2022 Second State Payment made to Noongar Boodja Trust. See the media statement 'Second State Government payment made to Noongar Boodja Trust' 
3 February 2022Noongar Advisory Company first meeting 
1 December 2021Federal Court finalised Native Title claims in the South West of WA by consent.  
18 September 2021South West Boorjah #2 Regional pre-incorporation meeting  
11 September 2021Wagyl Kaip & Southern Noongar Regional pre-incorporation meeting  
4 September 2021Gnaala Karla Booja Regional pre-incorporation meeting  
28 August 2021 Whadjuk Regional pre-incorporation meeting 
14 August 2021Ballardong Regional pre-incorporation meeting 
7 August 2021Yued Regional pre-incorporation meeting 
14 July 2021First Boodja transfers under the Settlement. See the media statement 'First Boodja transfers under South West Native Title Settlement' 
22 April 2021First State Payment made to Noongar Boodja Trust. 
13 April 2021Native title resolved in the ILUA Settlement Area. 
29 March 2021The Trustee is formally appointed - ‘Trust Effective Date’ – media release 
25 February 2021The Settlement formally commences - ‘Settlement Effective Date’. 
27 January 2021The six ILUAs, forming the Settlement, are conclusively registered. This is the final requirement to be fulfilled before the Settlement can begin. 
26 November 2020High Court of Australia dismissed all special leave applications meaning the Settlement can commence later in 2021. High Court clears the way for the Settlement – media release. 
16 January 2020Six special leave applications lodged with the High Court of Australia. 
WA Government and SWALSC will consider its responses. The High Court will decide whether to accept or refuse the six special leave applications.  		 
19 December 2019The Full Federal Court unanimously confirmed that the Native Title Registrar was correct in registering the six South West Settlement ILUAs. 
25 November 2019The Full Federal Court heard the final (Quall) ground for judicial review of the Native Title Registrar's decisions to register the six South West Settlement ILUAs. 
22 November 2019Ms Smith lodged a separate compensation claim over the entire Settlement area. The claim is separate from the registration of the ILUAs and the related judicial review proceedings and does not affect the status of the Settlement. 
30 and 31 May 2019The applications seeking Judicial Review were heard by the Full Federal Court. At the hearing the applicants also sought leave to raise an additional ground for review arising from a recent decision (Northern Land Council v Quall FCA 989). The Full Court agreed to hear this additional ground during their next sitting. 
December 2018Applications were lodged with the Federal Court seeking Judicial Review of the Native Title Registrar’s decisions to register the six ILUAs. 
17 October 2018All six ILUAs were registered by the Native Title Registrar. See the National Native Title Tribunal's media statement, Minister Wyatt's media release, and the South West Aboriginal Land and Sea Council's Latest News. 
11 January 2018The notification period for the four ILUAs ended. 
22 August 2017

Fresh applications were lodged with the Native Title Registrar for the:

  • Ballardong People ILUA;
  • South West Boojarah #2 ILUA;
  • Wagyl Kaip & Southern Noongar ILUA; and 
  • Whadjuk People ILUA. 

The other two ILUAs - the Yued ILUA and the Gnaala Karla Booja ILUA – were not the subject of the McGlade judgment were taken to be, and to always have been, ILUAs and were awaiting a registration decision by the Native Title Registrar.

 
22 June 2017The Commonwealth Native Title Amendment (Indigenous Land Use Agreement) Act 2017 began operation.
The Act amended the Commonwealth Native Title Act 1993 and removed uncertainty around the validity of registered Indigenous Land Use Agreements, specifically Area ILUAs, following the McGlade Judgment.		 
20 March 2017The Parliament of Australia - Senate Committee report released its response to the Native Title Amendment (Indigenous Land Use Agreements) Bill 2017.
March 2017 - Report by the Legal and Constitutional Affairs Legislation Committee - Native Title Amendment (Indigenous Land Use Agreements) Bill 2017 [Provisions]		 
15 February 2017The Commonwealth Government introduced the Native Title Amendment (Indigenous Land Use Agreements) Bill 2017 to address the implications of the McGlade Judgment. 
2 February 2017The Full Federal Court handed down judgment for McGlade v Native Title Registrar 2017. The Federal Court Judgment did not have any bearing on the content of the South West Native Title Settlement Agreements, but related only to the registration of the Agreements under the Native Title Act 1993. The judgment delayed the commencement of the Settlement.  
October 2016SWALSC released the Transition Programs for both the Central Services Corporation and the six Regional Corporations. 
July 2016The Full Federal Court commenced hearing for McGlade v Native Title Registrar. 
27 June 2016Announcement that Perpetual Trustee Company Limited will be the initial Trustee for the Noongar Boodja Trust.
The Trustee will only be appointed at the ‘Trust effective date’, which will be after conclusive registration of the ILUAs.		 
7 June 2016

The Water By-laws were gazetted:

  • Country Areas Water Supply Amendment By-laws 2016; and
  • Metropolitan Water Supply, Sewerage and Drainage Amendment By-laws 2016
 
6 June 2016

On WA Day, the following Acts were proclaimed: 

Land Administration (South West Native Title Settlement) Act 2016.

 
April 2016The WA Government and SWALSC provided submissions to the Native Title Registrar in response to the objections lodged. 
December 2015Four applications were made to the High Court against the Native Title Registrar and the parties to the ILUAs on the basis that four of the ILUAs were not ILUAs as defined by the NTA. These applications were heard together and referred to collectively as McGlade v Native Title Registrar. 
November 2015The Land Administration (South West Native Title Settlement) Bill 2015 was introduced to the Parliament of Western Australia. 
October 2015The Noongar Recognition Bill was introduced to the Parliament of Western Australia. 
September to December 2015The ILUA Registration process for the six authorised ILUAs commenced, with a three month notification period during which objections could be lodged. The notification period ended on 16 December 2015. 
July 2015SWALSC commenced work toward establishing the Noongar Corporations and selecting the Noongar Boodja Trustee. 
8 June 2015Execution of the ILUAs (signed off by the parties). Commencement of the Noongar Standard Heritage Agreement. 
January to March 2015

All six Native Title Agreement Groups voted in favour of the Settlement. 


Between 31 January and 28 March 2015, SWALSC conducted six formal authorisation meetings in the south-west region enabling eligible Noongar people in each of the six native title claim areas to vote to accept or reject the Settlement agreement.

 
October 2014SWALSC confirmed in-principle agreement of the six Indigenous Land Use Agreements. 
July 2013The WA Government presented a ‘final offer’ to SWALSC for consideration by the Noongar people. 
December 2011The WA Government made an ‘in-principle offer’ to SWALSC and negotiations continued until July 2013. 
January 2010Negotiations commenced between SWALSC and the WA Government. 
December 2009The WA Government and SWALSC, on behalf of the claimants, signed a ‘Heads of Agreement’ to commence negotiations with a view to settlement. 
April 2008

An appeal by the WA Government against the Bennell decision was upheld in the Federal Court. 


Following on from this decision the WA Government and the South West Aboriginal Land and Sea Council (SWALSC), the representative body for the claimants, agreed to develop a new strategy to resolve the claims by negotiation rather than litigation.

 
September 2006Metropolitan Area Native Title Trial – judgment in favour of Noongar Native Title over the Perth Metropolitan area (Bennell v Western Australia (2006) 230 ALR 603). 

Published

4 June 2019

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