The Tjiwarl Palyakuwa (Agreement) is an Indigenous Land Use Agreement between the State and the Tjiwarl Aboriginal Corporation (Tjiwarl AC) on behalf of the Tjiwarl Native Title Holders that resolves the State's native title compensation liability in relation to Tjiwarl Country.
The Agreement provides the Tjiwarl Native Title Holders with a package of benefits that compensates them for historic acts by the State that have impaired or extinguished their native title. It is designed to support the socio-cultural, environmental and economic aspirations of current and future generations of Tjiwarl Native Title Holders.
On 1 December 2022, the WA Government and Tjiwarl Aboriginal Corporation (AC) entered into an Indigenous land use body corporate agreement entitled the Tjiwarl Palyakuwa (Agreement). The Agreement was registered with the National Native Title Tribunal on 21 February 2023. The key provisions of the Agreement commenced from conclusive registration on 22 May 2023.
A core part of the Agreement is the establishment of new Tjiwarl-specific native title processes.
These processes will apply to applications for tenements under the Mining Act 1978 (WA) (Mining Act) and titles under the Petroleum and Geothermal Energy Resources Act 1967 (WA) (PGER Act) within Tjiwarl Country.
The Agreement provides the foundation for an ongoing relationship between the State and Tjiwarl, which is intended to facilitate important benefits and synergies for all parties, including the mining industry.
Tjiwarl Determination
The Tjiwarl Native Title Holders have been recognised by the Federal Court of Australia - pursuant to orders made by Justice Debra Mortimer on 27 April 2017 in WAD 228/2011 and WAD 302/2015 - to hold the common law native title in the Tjiwarl Determination Area.
Tjiwarl country is an area covering over 13,000km2 of land and waters situated roughly between Wiluna and Leonora in the Northern Goldfields. Tjiwarl Native Title holders are descendants from 11 Apical ancestors recognised in the Tjiwarl determination.
What is the Tjiwarl Palyakuwa (Agreement)?
The Agreement will strengthen Tjiwarl People’s ability to exercise their native title rights in relation to land and water, and further their social and economic development.
The Agreement establishes a Tjiwarl specific specific future act process for the grant of mining tenements and petroleum titles in Tjiwarl Country. 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 title
- Increased State involvement in assisting Tjiwarl AC and proponents
- Valid grant of tenements and titles to occur where an agreement is reached between Tjiwarl AC and the Proponent without the need for notification under the Native Title Act 1993 (Cth) (NTA).
Benefits of the Tjiwarl-specific process
- The Agreement will provide industry-wide certainty when applying for tenure within the Tjiwarl determination boundary
- Early engagement and agreement making prior to Native Title processes will mean Proponents have certainty about expectations in relation to native title and heritage
- This can be factored into project development at the start of an application process, rather than holding up applications at the end of the process
- Proponents will have early access to native title and heritage considerations in order to assist tenement applications and management strategies
- The process will ensure that Proponents are treated equally and will enhance transparency surrounding compensation and costs.
To learn more about the agreement visit the Department of the Premier and Cabinet for related documents and fact sheets. If you have any questions relating to the Tjiwarl processes, then please Email: TjiwarlAgreement@DEMIRS.wa.gov.au
