Frequently asked questions about the Noongar Land Estate

The Noongar Land Estate (NLE) is an important part of the South West Native Title Settlement (the Settlement). It will provide significant opportunities for the Noongar community to achieve improved economic, social and cultural outcomes, and will be held by the Noongar Boodja Trust.

The Noongar Land Estate will comprise:

  • up to 300,000 ha of reserve land, and

  • up to 20,000 ha of freehold land.

Lands eligible for the NLE include:

  • unallocated crown land;

  • unmanaged reserves; and

  • Aboriginal Lands Trust (ALT) properties.

Government agencies may also identify surplus land for potential allocation to the NLE. There may also be opportunites to discuss other culturally-important land that may be unavailable for transfer, through the priority land meetings.

No land will be transferred into the Noongar Boodja Trust until the terms of allocation are accepted, including endorsement by the Ballardong corporation cultural advice committee and board.

Lands held in the Noongar Land Estate will be be categorised as either:

  • development land, or

  • cultural land.

Frequently asked questions

What is development land?

  • Land that’s suitable for development and sale.

  • 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 (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, relevant agreement group and 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).

Who decides if land is cultural or development?

  • The 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 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 0456 214 390 or kaya@ballardong.org.au.