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 Energy, Mines, Industry Regulation and Safety (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 moreOn 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).
From this date they assume the role of the Native Title Agreement Groups under these Agreements, including responsibility for entering into Noongar Standard Heritage Agreements (NSHAs) and other Aboriginal Heritage Agreements (as defined in the ILUAs).
Prior to this date, NSHAs and other Aboriginal Heritage Agreements were with the South West Aboriginal Land and Sea Council (SWALSC) on behalf of the relevant ILUA Group.
The six Regional Corporations have authorised SWALSC officers to apply the following arrangements until further notice:
- coordinate advice to Proponents on existing NSHAs and other Aboriginal Heritage Agreements, and Proponent requests for new agreements
- prepare NSHA documents on their behalf using the standard NSHA templates and arrange for signing. NB: SWALSC has advised it prefers to prepare NSHAs for Proponents direct from the templates, and is happy to do this for Proponents upon request
- sign NSHAs and other Aboriginal Heritage Agreements on their behalf, and
- continue to accept and process Aboriginal Heritage Agreement (including NSHA) Activity Notices, in consultation with the Regional Corporations and their Cultural Advice Committees.
Aboriginal Heritage requirements under the Settlement will be reviewed to take account of the Aboriginal Cultural Heritage Act 2021 but they remain in place at the present time. Proponents will be notified of the review and any implications for existing heritage arrangements.
Proponent Statutory Declaration
The registered titleholder must provide a Proponent Statutory Declaration (as per Annexure U to the ILUAs) as evidence of compliance of that condition and provide it to the Department prior to exercising any rights, to confirm compliance with the condition.
Further information
To learn more about the Settlement visit the Department of Premier and Cabinet’s website.
