Land allocation

The Noongar Land Base Strategy sets out how land will be identified and eventually allocated to the Noongar Land Estate.

The land to be allocated includes: 

  • unallocated Crown land
  • unmanaged reserves
  • Aboriginal Lands Trust (ALT) properties.

State Government agencies may also identify freehold land and reserves, for which they hold management orders but no longer require, for possible allocation to the NLE.

The NLE does not include:

  • privately held or owned land
  • Crown land that is currently leased

Aboriginal Lands Trust 

The State Government is committed to divesting Aboriginal Lands Trust (ALT) properties and identifying the beneficiaries of the ALT estate. As a part of the Settlement, some ALT freehold properties that are unleased have already been included in the terms of the Indigenous Land Use Agreements (ILUAs) for transfer to the Noongar Boodja Trust (NBT) and will be among the first parcels to be transferred once the Settlement commences.

Where ALT freehold land is subject to an existing lease, the freehold land may be allocated subject to the terms of the lease. The change in lessor from ALT to NBT will not alter the lessees’ rights and obligations under the existing lease. 

ALT reserve land will also be allocated to the NBT. The process of allocation will take into account any existing encumbrances (such as an existing lease), and the ALT will advise lessees about the re-allocation of the reserve land to the NBT. The change of management body from the ALT to the NBT will not alter the lessees’ rights and obligations under the existing lease terms.

The five steps for the allocation of land to the Noongar Land Estate

Step 1 - Identification

Department of Planning, Lands and Heritage (DPLH) and the South West Aboriginal Land and Sea Council (SWALSC/Noongar Boodja Trust (NBT) will identify land that may be eligible for allocation (including Aboriginal Lands Trust Freehold Land).

This land will be assessed against identification criteria set out in the Land Base Strategy and referred to the Department of Mines, Industry Regulation and Safety (DMIRS) for indicative assessment and indicative tenure. DPLH prepares a List of Identified Land with DMIRS indicative assessment/ preferred tenure. 

Step 2 - Selection

SWALSC/ NBT in consultation with relevant Noongar Regional Corporation(s) select parcels from the List of Identified Lands and specify tenure preference within the range identified through the indicative assessment.

Step 3 - Assessment

DPLH commences the Assessment Process (i.e. assessing requirements for divestment, meeting Legislative requirements, Ministerial/ Internal Approvals, etc.). DPLH will consult with relevant government agencies including Local Government Authorities (LGAs). 

Step 4 - Finalise terms of allocation

Once selected land is deemed eligible, DPLH will offer Terms of Allocation to NBT. NBT will in turn advise acceptance (or refusal) of the Terms of Allocation within a prescribed timeframe. 

Step 5 - Allocation

The NBT confirms acceptance of the Terms of Allocation and land is transferred to the NLE.

Page last reviewed 15 January 2019
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