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 Ballardong Aboriginal Corporation

WHO DECIDES WHETHER LAND IS CULTURAL OR DEVELOPMENT?

  • The Ballardong 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 Ballardong corporation or third parties.

CAN MY BUSINESS USE CULTURAL LAND?

Noongar people from the Ballardong 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 BALLARDONG-HELD CULTURAL LAND?

  • Yes, Noongar people from Ballardong area can use and access cultural land, unless it is leased

  • You can collect bush tucker from Ballardong-held cultural land, and camp for up to 28 days

  • Ballardong 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 the corporation on 0456 214 390 or kaya@ballardong.org.au.