The Noongar Land Estate (NLE) is an important part of the South West Native Title Settlement, which will provide significant opportunities for the Noongar community to achieve improved economic, social and cultural outcomes, and will be held by the Noongar Boodja Trust.
The Noongar Land Estate will hold up to:
• 300,000 hectares of reserve land, and
• 20,000 ha of freehold land
Lands eligible to be included in the NLE include:
• unallocated crown land;
• unmanaged reserves; and
• Aboriginal Lands Trust (ALT) properties.
WA government agencies may also identify surplus land for potential allocation to the NLE. Furthermore, where land is unavailable for transfer but is of high cultural value to the Noongar community, there is opportunity for further discussion through the priority land meetings.
No land will be transferred into the Noongar Boodja Trust until the terms of allocation are accepted, including endorsement by the WKSN corporation cultural advice committee and board.
The Noongar Land Estate will be divided up into two categories :
• development land, and
• cultural land
Noongar Land Estate FAQs
WHAT IS RESERVE LAND?
Can't be sold
Has management orders (like a lease document), and a reserve purpose saying how the land must be used
Can be leased to third parties
WHAT IS FREEHOLD LAND?
Can be sold, leased and sub-leased
Fewer rules than reserve land
WHAT IS DEVELOPMENT LAND?
Suitable for development and sale
Trust will have responsibility to develop or sell that land to make a profit on behalf of all Noongar people
Most development land will be freehold (but may be reserve land)
Proceeds (after costs) from the sale/development are distributed by the Trust to:
the Future Fund: 75%
regional corporation where land is: 10%
other regional corporations: 15%
WHAT IS CULTURAL LAND?
Can't be sold unless the regional corporation, Trust and relevant agreement group all agree
Can be freehold or reserve land, but the majority of cultural land is expected to be reserve land
Most cultural land in the region is expected to be leased and managed by the Wagyl Kaip Southern Noongar Aboriginal Corporation (WKSN)
WHO DECIDES WHETHER LAND IS CULTURAL OR DEVELOPMENT?
The WKSN cultural advice committee will provide advice to the board on whether land is cultural or development
The Noongar Boodja Trust has the final say and will hold the titles for all land
To ensure that land is not lost the Noongar Boodja Trust will hold all management orders for cultural land and then lease that land to the WKSN or third parties.
CAN MY BUSINESS USE CULTURAL LAND?
Noongar people from the WKSN area can use and access cultural land for business purposes such as tourism or collecting bush produce if:
If the land is not leased to third party
You get a license/permission from the regional corporation to use the land for business purposes
Have all the correct insurance and indemnity
Follow laws such as the Bushfire Act 1954
Clean up rubbish and mess
Don’t hassle or disturb other Noongar land users or neighbours
CAN MY FAMILY ABORIGINAL CORPORATION OR NOT-FOR-PROFIT ABORIGINAL SERVICE PROVIDER LEASE CULTURAL LAND?
Yes, if the regional corporation doesn’t want to lease the land itself and supports the lease
The Trust requires proof that you can hold and manage the land and meet costs like insurance and land management (eg weeding, fire management)
Not-for-profit Aboriginal corporations will be given a peppercorn lease
CAN MY FAMILY ABORIGINAL CORPORATION BUILD ON THE CULTURAL LAND THEY LEASE?
Yes, if you have a lease for the land, and the building and land use complies with local government planning rules, Trust lease conditions, and the reserve land management order
No mortgages or sub-leasing is allowed
CAN MY FAMILY AND I USE WKSN-HELD CULTURAL LAND?
Yes, Noongar people from WKSN area can use and access cultural land, unless it is leased
You can collect bush tucker from WKSN-held cultural land, and camp for up to 28 days
WKSN will work with community to build camp sites and make sure the land is looked after
Community members using cultural land must follow laws including the Bushfire Act 1954 and Firearms Act 1973, clean up rubbish and mess, and not hassle or disturb other Noongar land users or neighbours
For more information the NLE or about a specific parcel of land, please contact our land manager on 8166 1940 or lands@wagylkaip.org.au.