2In exchange for compensation in the form of the payment and provision by the State of benefits under the agreements, the Noongar people consent —

(a)

to surrender any native title rights and interests that exist in relation to the areas of the State to which the agreements relate; and

(b)

to the validation of all acts that, historically, may have been done invalidly in relation to those areas.

3. The compensation under the agreements also compensates the Noongar people for the loss, surrender, diminution, impairment and other effects on their native title rights and interests of all acts that have been done in relation to those areas.

4The benefits to be provided by the State under the agreements include —

(a)

the allocation of freehold land, leasehold land and reserved land to be held on trust for the benefit of the Noongar people; and

(b)

the grant of licences to enable the Noongar people to access, and carry out activities for Aboriginal Customary Purposes on, certain unallocated Crown land and unmanaged reserves.

5. It is appropriate for the Parliament to legislate to enable the State to carry out its obligations under the agreements in relation to the provision of the benefits referred to in clause 4(a) and (b).

The Parliament of Western Australia enacts as follows:

1Short title

This is the Land Administration (South West Native Title Settlement) Act 2016.

2Commencement

This Act comes into operation as follows —

(a)

sections 1 and 2 — on the day on which this Act receives the Royal Assent;

(b)

the rest of the Act — on a day fixed by proclamation.

3Terms used

In this Act, unless the contrary intention appears —

Aboriginal Customary Purpose has the meaning given in the settlement terms Annexure O clause 1.1;

Crown land has the meaning given in the LAA section 3(1);

LAA means the Land Administration Act 1997;

land access licence means a licence in force under the LAA section 91 because of the operation of Part 4;

Land Base Strategy has the meaning given in the settlement terms clause 1.3;

Land Sub has the meaning given in the settlement terms clause 1.3;

licence amendment means an amendment to a land access licence other than an amendment to the Licence Area because of the settlement terms Annexure O clause 2.3, 2.4, 2.5 or 2.8;

Licence Area has the meaning given in the settlement terms Annexure O clause 1.1;

Licensee has the same meaning as in the settlement terms Annexure O;

Licensee’s Agents has the meaning given in the settlement terms Annexure O clause 1.1;

Licensee’s Members has the meaning given in the settlement terms Annexure O clause 1.1;

management order means an order made under the LAA section 46(1) placing the care, control and management of a reserve with the Land Sub;

Minister for Lands means the Minister as defined in the LAA section 3(1);

Noongar Land Estate has the meaning given in the settlement terms clause 1.3;

Regional Corporation means a Regional Corporation appointed under the Trust Deed clause 4 and includes a replacement Regional Corporation appointed under that clause;

reserve has the meaning given in the LAA section 3(1);

settlement ILUA means any of the following indigenous land use agreements under the Native Title Act 1993 (Commonwealth) section 24CA executed by the State on 8 June 2015 as in force from time to time for as long as the agreement continues in force —

(a)

Ballardong People Indigenous Land Use Agreement;

(b)

Gnaala Karla Booja Indigenous Land Use Agreement;

(c)

South West Boojarah #2 Indigenous Land Use Agreement;

(d)

Wagyl Kaip & Southern Noongar Indigenous Land Use Agreement;

(e)

Whadjuk People Indigenous Land Use Agreement;

(f)

Yued Indigenous Land Use Agreement;

Note for this definition:

Clause 17 of each settlement ILUA provides for the publication of the settlement ILUA as executed, and any variations to it, on the Agreements, Treaties and Negotiated Settlements database (ATNS) at www.atns.net.au and on relevant State and Government Party websites.

settlement terms means the document entitled “South West Settlement Terms” that is set out in Schedule 10 to a settlement ILUA;

Trust has the meaning given in the settlement terms clause 1.3;

Trust Deed has the meaning given in the settlement terms clause 1.3;

unallocated Crown land has the meaning given in the LAA section 3(1);

unmanaged reserve has the meaning given in the LAA section 3(1).

4Notes not part of Act

A note set out at the foot of a provision of this Act is provided to assist understanding and does not form part of this Act.

5Purposes

The purposes of this Act are —

(a)

to provide for the implementation of the Land Base Strategy for the purpose of establishing the Noongar Land Estate in accordance with the settlement terms; and

(b)

to provide for land access licences in accordance with the settlement terms.

6Act binds Crown

This Act binds the State and, so far as the legislative power of the State permits, the Crown in all its other capacities.

7Government Agreements Act 1979 does not apply

The Government Agreements Act 1979 does not apply to or in relation to any of the following regardless of whether the administration of this Act is for the time being committed by the Governor to, or approved by the Governor to be placed under the control of, the Minister administering that Act —

(a)

a settlement ILUA;

(b)

any variation of a settlement ILUA;

(c)

any document, instrument or other thing made, executed, issued or obtained for the purposes of a settlement ILUA or the implementation of a settlement ILUA.

8Functions and powers of Minister for Lands

(1)

The Minister for Lands has all the functions and powers necessary or convenient for the purposes of this Act.

(2)

Subsection (1) is not limited by Part 3 or 4.

9Relationship with LAA

(1)

If there is an inconsistency between this Act and the LAA, this Act prevails to the extent of the inconsistency.

(2)

Without limiting subsection (1), the Land Administration Regulations 1998 regulations 4 and 12 do not apply in relation to any conveyance or transfer of the fee simple in Crown land for the purposes of implementing the Land Base Strategy.

10Power of Minister for Lands to implement Land Base Strategy

(1)

The Minister for Lands may, on behalf of the State, do anything that is necessary or convenient to be done for the purposes of implementing the Land Base Strategy.

(2)

Subsection (1) applies in respect of the doing of a thing even if the LAA does not expressly or impliedly authorise the doing of the thing or that the LAA expressly or impliedly prohibits the doing of the thing.

(3)

In this section, a reference to the doing of a thing includes a reference to an omission to do a thing.

Land Administration (South West Native Title Settlement) Act 2016

About this Act

Bill & explanatory material

This Act’s bill