Local government

The South West Native Title Settlement Area (Settlement Area) encompasses 103 local governments.

Consultation

The department will consult with local government at the assessment stage of the land allocation process.  Land to be transferred to the Noongar Land Estate (NLE) includes:

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

The NLE will not include:

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

See the Map of the South West Settlement Area (6 ILUAs).

Engagement will be in accordance with Section 14 of the Land Administration Act 1997 (WA).  Local governments will be invited to advise the department on:

  • whether there are existing local interests in the same land that cannot be met elsewhere
  • whether there are future proposals for the same land or land within the same general location
  • whether there are planning schemes that could affect future use of the land
  • whether there are other relevant land management issues
  • any other advice they may wish to provide about the allocation of the land to the NBT.

The department will correspond directly with local government in relation to parcels of land that are located within specific local government areas.

There is no requirement for local government to be consulted in relation to freehold land currently held by the State Government.

Payment of rates - Local Government Act 1995

The Noongar Boodja Trust will be required to meet the standard costs, including rates and service charges, associated with owning freehold land. Freehold land may be exempt from rates under S.6.26(2)(g) of the Local Government Act 1995 (WA), where that land is used exclusively for charitable purposes. However, if the freehold land is used for a commercial purpose or leased for a commercial enterprise, it will not be exempt from rates.

Compliance with zoning and planning laws

The Noongar Boodja Trust will be required to obtain standard planning, development and other regulatory approvals in order to develop or do other activities with reserve land. Any lessee of reserve land, including a Noongar Regional Corporation, will need to comply with all applicable laws. 

Information sessions

The department has run information sessions with local government across the Settlement Area to explain:

  • the land allocation process
  • any future consultation to address interests in potential land parcels to be allocated the Noongar Land Estate. 

Any local government that would like to receive a briefing or know more about a particular parcel of land should contact the South West Settlement Implementation Unit.
 

Page last reviewed 15 January 2019
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