Frequently asked questions about the Noongar Land Estate

What is development land?

  • ‘Development Land’ are those parcels of land that are accepted by the Trustee into the Development Land Fund of the Noongar Boodja Trust after receiving ‘Çorporate Cultural Advice’ from the Ballardong Aboriginal Corporation that are suitable for development and sale.

  • The Trustee of the Noongar Boodja 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 land parcels.

  • 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?

  • ‘Cultural Land’ are those parcels of land that are accepted by the Trustee into the Cultural Land Fund of the Noongar Boodja Trust after receiving a request from the Ballardong Aboriginal Corporation.

  • Cultural Land can be managed by the Ballardong Aboriginal Corporation for the social, cultural, and economic benefit of Noongar People.

  • Cultural Land can’t be sold unless the Ballardong Aboriginal Corporation, the Ballardong Agreement Group, and the Trustee for the Noongar Boodja Trust 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 (BAC), but it may be possible for the individual parcels of Cultural Land to be leased to third parties with the approval of both BAC and the Trustee.

Who decides if land is cultural or development?

  • The Cultural Advice Committee provides “Cultural Advice” about each parcel of land to the board who then make a “Corporate Cultural Decision” which is given to the Trustee. Land parcels can only be added to the Cultural Land Fund at the request of the Ballardong Aboriginal Corporation.

  • The Trustee for the Noongar Boodja Trust has the final say over whether land parcels are accepted into the Trust and the titles for all freehold land parcels and management orders for all reserve land parcels are held by the Trust.

  • 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 BAC or third parties.

Can my family use cultural land?

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

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

  • BAC will work with community to build camp sites and make sure the land is looked after.

  • You 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.

Can my business use cultural land?

Noongar people from the Ballardong region can use and access cultural land for business purposes such as tourism or collecting bush produce 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,

  • you have all the correct insurance and indemnity,

  • you follow laws such as the Bushfire Act 1954,

  • you clean up rubbish and mess, and

  • you 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 BAC doesn’t want to lease the land itself and supports the lease.

  • The Noongar Boodja 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 are allowed.

Economic use of cultural land

Some cultural lands will be suitable for economic activation, so BAC will explore ways to generate income from cultural land to make long-term land holding and management sustainable.

Third party interest in cultural land

BAC may ask the Noongar Boodja Trust to lease cultural land to a ‘third party’, such as a not-for-profit Aboriginal corporation that provides services to help the Noongar community.

Economic leases

The Noongar Boodja Trust would need to be satisfied that the lease is sustainable, and the leasing party will have to meet all of the land management and land
holding obligations.

Examples of third party usage include:

  • carbon sequestration and bio repair credits

  • camping and tourism

  • honey

  • flowers

  • seed collection

  • environmental offsets

  • long term leases

Any economic activity on cultural land will need to be consistent with local government zoning.

Cultural land can also be leased to state and federal government departments, or private enterprises, for infrastructure such as:

  • public and social housing

  • Noongar housing

  • government offices and operations bases

  • senior citizens homes

  • cooperative bulk handling

The Noongar Boodja Trust will set lease conditions to ensure BAC receives an income from the proceeds of leases to third parties.

For more information the NLE or about a specific parcel of land, please contact the corporation on (08) 6607 7830 or boodja@ballardong.org.au.