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Settlement Agreements

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The full details of the South West Native Title Settlement (the Settlement) is recorded in six Agreements, drafted as Indigenous land Use Agreements (ILUAs), made in compliance with the Commonwealth Native Title Act 1993.  The contents and function of all six Agreements are the same except each is made between the WA Government and the relevant Noongar Native Title Agreement Group and refers to the relevant geographic area of the South West.

To view the various schedules and annexures contained in the 6 Agreements visit the SWNTS Publications page.

 

ILUA Execution by the WA Government

The WA Government signed (executed) the 6 Agreements on the 8 June 2015.

The signing does not signal the commencement of the Settlement as conclusive registration of the ILUAs must occur including the conclusion of any related legal proceedings.

 

ILUA Registration Process

The ILUAs must be submitted for 'registration' to the Native Title Registrar, together with certificates from the South West Aboriginal Land and Sea Council (SWALSC), stating that in SWALSC's opinion:

  • all reasonable efforts have been made to identify people who hold or may hold native title in the relevant area; and
  • those persons identified duly authorised the making of the ILUAs.

The ILUAs were initially submitted to the NNTT and the Registrar published notices in the newspapers and shortly after a three month notification period commenced from 16 September 2015 - 16 December 2015.  See the NNTT Notice of applications to register area agreements on the Register of Indigenous Land Use Agreements - 16 September 2015 - Western Australia.  During this 2015 notification period the Registrar confirmed a total of 107 valid objections across the 6 ILUA areas, from a total of 25 objectors.

The Native Title Registrar’s decision to register the Agreements was then delayed by the 2 February 2017 Federal Court judgment, known as the McGlade decision which affected 4 of the 6 Agreements lodged with the NNTT. The consequences of the McGlade decisions have since been remedied. Learn more about the McGlade decision.

 

ILUA Registration - Fresh Applications - ILUA Objection Period

On the 22 August 2017 the WA Government lodged with the Native Title Registrar fresh applications for registration for the:

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

The other 2 ILUAs, the Yued ILUA and the Gnaala Karla Booja ILUA, not the subject of the McGlade Judgment are taken to be, and to always have been ILUAs and are awaiting a registration decision by the Native Title Registrar.

On 4 October 2017 the National Native Title Tribunal published notices in the Koori Mail and West Australian announcing the ‘Notice of applications to register the SWNTS area agreements on the Register of Indigenous Land Agreements’ (PDF 103 kb).

The notification period will run from 11 October 2017 to the 11 January 2018.

Any person claiming to hold native title to any part of the area covered by the agreements may object in writing, if they think the application to register was not properly certified – please see the NNTT website or the public notice for more details.

Contact the National Native Title Tribunal - free-call on 1800 640 501 or www.nntt.gov.au

 

Commencement of the Settlement

The Settlement will commence 60 business days (three months) after the conclusive registration date of all 6 ILUAs, provided that certain conditions are satisfied. Unless there is an application for judicial review of one or more of the Registrar's decisions which will then delay the commencement. If there is one or more judicial review proceedings or a related appeal, the Settlement will commence 40 business days (two months) after those legal proceedings are finalised and only if the ILUAs remain conclusively registered.

 

Further Information

See the Timeline - Agreement to Commencement for details about the various processes linked to the Settlement.

Are you looking for maps and boundary descriptions for the various ILUAs? Find maps in the Settlement Publications section.