Tjiwarl Palyakuwa (Agreement) Indigenous Land Use Agreement - Tjiwarl Palyakuwa: Tiiwa kuwarri yampa ngula

The package of benefits within the Agreement includes:

• Monetary compensation of $25.475 million.
• Funding for a socio‐economic baseline study.
• The transfer of ownership of Crown land parcels to Tjiwarl, including the grant of freehold preserving native title and a process for any future grants of land.
• The creation and expansion of the Tjiwarl Conservation Estate, including the joint management and joint vesting of the Tjiwarl Conservation Estate with Tjiwarl AC.
• The recognition of exclusive native title rights under s.47C of the Native Title Act 1993 (Cth) within the Tjiwarl Conservation Estate.  
• The involvement of Tjiwarl in the ongoing management of water on Tjiwarl Country, including processes with respect to the assessment of licences under the Rights in Water and Irrigation Act 1914 (WA).
• Tjiwarl specific future act processes for the grant of certain mining tenements and petroleum titles on Tjiwarl Country.
• Support and funding for Tjiwarl businesses and economic opportunities for Tjiwarl Native Title Holders.
• Support for the recognition or protection of the Tjiwarl Native Title Holders language, culture and history, including with respect to place names, cultural materials and Indigenous cultural and intellectual property.

See the overview factsheet

The Tjiwarl Palyakuwa (Agreement) establishes a number of working groups and forums for the State and Tjiwarl Native Title Holders to continue working together to implement the Agreement. These forums include:

• Implementation Committee;
• Research and Development Working Group;
• Economic Empowerment Working Group;
• Mining Business Working Group;
• Water Working Group; and
• Land Estate Working Group.

See the working together factsheet

The Tjiwarl Palyakuwa (Agreement) provides monetary payments totalling $25.475 million, comprising:

• $18.81 million one off cash payment;
• $2.29 million (paid in two instalments) for a Research and Development Fund;
• $3 million (paid in two instalments) for an Economic Empowerment Fund;
• $1.375 million one off payment for an Implementation Fund; and
• Up to $400,000 paid prior to the registration of the Agreement to fund a socio‐economic baseline study.

The Agreement also provides support for Tjiwarl businesses and economic opportunities for Tjiwarl Native Title Holders, including procurement/contracting, sandalwood and carbon initiatives.

See the money story factsheet. 

The Agreement provides for the creation of the Tjiwarl Conservation Estate, which will include the expansion of the existing Wanjarri Nature Reserve and the creation of a new Yeelirrie Lake Mason Reserve. The State will expend $19.5 million over 10 years to jointly manage the Tjiwarl Conservation Estate with the Tjiwarl Native Title Holders.   

The Agreement also provides for recognition of exclusive native title rights under s.47C of the Native Title Act 1993 (Cth) within the Tjiwarl Conservation Estate.

See the Conservation and Restoring rights fact sheet. 

The Agreement establishes a Tjiwarl specific future act process for assessing water licenses under the Rights in Water and Irrigation Act 1914 (WA) which provides Tjiwarl Native Title Holders with an opportunity for earlier engagement with licence applicants and involvement in the licensing process.  

The State and Tjiwarl AC have also agreed to undertake a Tjiwarl Water Study to identify the water resources located in Tjiwarl County and the cultural, environmental and economic values of those water resources.  Following the Tjiwarl Water Study, a Tjiwarl Water Plan will be jointly developed.

See the water fact sheet. 

The Agreement establishes a Tjiwarl specific future act process for the grant of mining tenements and petroleum titles in Tjiwarl Country. The processes to be followed in relation to tenements and titles depend upon the type and location of the relevant tenement or title.  By way of overview, the process provides for:

• identification of areas within Tjiwarl Country where stronger processes will apply for the grant of exploration type tenements and titles;
• early engagement between proponents and Tjiwarl AC with a focus on agreement making, including a standard agreement for certain exploration type tenements and titles;
• increased State involvement in assisting Tjiwarl AC and Proponents; and
• valid grants of tenements and title to occur where an agreement is reached between Tjiwarl AC and the Proponent without needing to undertake a formal notification process under the Native Title Act 1993 (Cth).

The Tjiwarl specific future act process will ensure proponents engage directly with Tjiwarl at the first step and throughout the process of their tenement or title applications.  

See the mining business fact sheet. 

The Agreement provides for the creation of the Tjiwarl Land Estate through the transfer of Crown lands to Tjiwarl AC or a Tjiwarl landholding body or bodies.

Following the commencement of the Agreement, the State will handover certain parcels of land in freehold to Tjiwarl. The handover of these lands and creation of freehold will not extinguish Tjiwarl Native Title Holders underlying native title rights and interests.

The Agreement also provides processes for the ongoing identification, selection, approval and handover of other lands in Tjiwarl Country to Tjiwarl.

See the Land Estate Fact sheet. 

In recognising the importance of Tjiwarl Native Title Holder's language, culture and history, the State has made a number of commitments in the Agreement for the advancement, protection or support of Tjiwarl language, culture and history, including:

• The State and Tjiwarl AC to work together to name, or rename, places within Tjiwarl Country and approach local governments to erect appropriate signage within Tjiwarl Country
• The State and Tjiwarl AC to explore how information about Tjiwarl language, history and culture can be incorporated into regional schools as part of the State's commitment to developing culturally responsive schools (link to DoE website).
• The State and Tjiwarl AC to develop a process for the identification of Tjiwarl cultural materials within the WA Museum collections and develop an approach to the ongoing management of that material and explore options for return.
• The State and Tjiwarl AC to work together to maximise existing and new opportunities to recognise, protect, maintain, record and further Tjiwarl AC's aspirations with respect to its Indigenous cultural and intellectual property.
• The Minister for Aboriginal Affairs to deliver a truth-telling statement in Parliament acknowledging the importance of the Agreement to the State, and its support for the Tjiwarl Native Title Holders.

See the Healing and Knowledge fact sheet.