The South West Settlement:

A Summary

July 2013

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The South West Settlement

On the 5th of July 2013 the Western Australian Government presented the South West Aboriginal Land and Sea Council (SWALSC) with a final offer to resolve native title claims across the South West of Western Australia. SWALSC is the representative body under the Native Title Act 1993 (Cwth) (NTA) who represents the six native title claimants. The principle Noongar native title claimants are:

  • Yued (Jurien, Moora, Lancelin, Gingin)
  • Gnaala Karla Boodja (Mandurah, Bunbury, Donnybrook)
  • South West Boojarah (Busselton, Dunsborough, Margaret River, Pemberton, Nannup)
  • Wagyl Kaip (Katanning, Gnowangerup, Albany)
  • Ballardong (York, Northam, Hyden, Kondinin)
  • Whadjuk (Perth Metropolitan area).

(See the Map of South West Settlement Native Title Applications at Appendix 1)

Timeline for the Settlement

The WA Government and Noongar representatives have been in negotiations since 2009 and the final offer is the most comprehensive native title proposal since the 1992 High Court Mabo decision.

DATE / EVENT
September 2006 / Metropolitan Area Native Title Trial – judgment in favour of Noongar Native Title over the Perth Metropolitan area.
April 2008 / An Appeal by the State is upheld in the Federal Court. Following on from this decision the WA Government and SWALSC agreed to develop a new strategy to resolve the claims by negotiation.
December 2009 / The WA Government entered into a ‘Heads of Agreement’ with SWALSC to commence negotiations.
January 2010 / Negotiations commenced between SWALSC and the WA Government.
December 2011 / The WA Government made an ‘in-principle offer’ to SWALSC.
January 2012 / Negotiations continued based on the in-principle offer.
July 2013 / The WA Government’s presented a ‘final offer’ to SWALSC for consideration by the Noongar people.

The Final Offer

The proposed South West Settlement would deliver greater certainty over land management to business and government and would provide the Noongar community with greatly improved opportunities for cultural, social and economic development.

The WA Government’s final offer includes:

  • Recognition through an Act of Parliament - recognising the Noongar people as the Traditional Owners of the South West;
  • Noongar Boodja Trust - the establishment of a perpetual trust into which the State would make funding instalments of $50 million yearly for 12 years;
  • Noongar Regional Corporations - the establishment of six Noongar Regional Corporations and one Central Services Corporation, plus office accommodation with funding support of $10 million yearly for 12 years;
  • Noongar Land Estate - the transfer of up to 320,000 hectares of Crown land in multiple tenure parcels to the Noongar Boodja Trust;
  • Joint Management of the South West Conservation Estate - a partnership between the Department of Parks and Wildlife and the Noongar Regional Corporations for the ongoing care of the South West Conservation Estate;
  • Noongar Heritage Regime – improved processes for the preservation of heritage and a standard Noongar heritage agreement applying to land development and related activities;
  • Noongar Home Ownership Scheme – an enhanced and targeted housing program coordinated by the Department of Housing;
  • Noongar Economic Engagement - improved opportunities for Noongar economic participation in the South West and increased job opportunities; and
  • Noongar Cultural Centre - support for the establishment of a Noongar Cultural Centre as a place to celebrate Noongar culture as well as provide a cultural learning experience for the WA community.

The native title claim groups must decide during the next six months if they wish to finalise an agreement with the WA Government. If an agreement is not reached the native title claims will ultimately be referred to trial before the Federal Court.

Whole of Government Implementation

Implementation of the Settlement will involve numerous Government departments. Initially this will include the:

  • Departments of Parks and Wildlife;
  • Department of Lands;
  • Department of Aboriginal Affairs;
  • Department of Food and Agriculture (WA);
  • Department of Housing;
  • Department of Mines and Petroleum;
  • Department of Finance;
  • Department of the Premier and Cabinet; and
  • State Solicitor’s Office.

Further Information

For information about the Settlement please contact the Department of the Premier and Cabinet’s South West Settlement Team:

The South West Settlement Team

  • Alicia McAllister, Policy Officer;
  • Sara Pickering, Senior Policy Officer; and
  • Kristy Merrick, Project Officer.

Email:

For media enquiries please contact Danielle Benda at or on 6552 5200.

See also the ‘South West Settlement – Questions and Answers 2013’ document available on the website of the Land, Approvals and Native Title Unit (

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RELATIONSHIP BETWEEN THE CENTRAL SERVICES AND REGIONAL NOONGAR CORPORATIONS AND THE NOONGAR BOODJA TRUST

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