July 2016 Earliest possible commencement of South West Settlement. Do any obligations commence following Execution of the ILUAs by the State? Most components of the Settlement will not commence until after the ILUAs are successfully registered, when the Settlement formally comes into effect and the Noongar Regional Corporations are established. However, as soon as possible following execution of the ILUAs, the State is required to introduce and sponsor the Noongar Recognition Bill and Enabling Bill into the Parliament. The Noongar Recognition Bill recognises Noongar People as the Traditional Owners of the South West of Western Australia. The Enabling Bill contains measures to enable the Minister for Lands to grant the Regional Corporation Land Access Licences and to establish the Noongar Land Estate as required under the ILUAs. Additionally from the execution date of the ILUAs, the Noongar Standard Heritage Agreement (NSHA) provisions of the ILUAs come into operation. Government proponents, who are a party to the ILUAs, must enter into the NSHA with SWALSC or the Regional Corporations as the representative of the ILUA group when doing Aboriginal heritage surveys in the ILUA areas. The Minister for Mines is required to impose a condition on the grant of mining or petroleum tenements to require the holders of those tenements to offer to enter into the NHSA with SWALSC or the Regional Corporations as the representative of the ILUA group unless a different kind of Aboriginal heritage agreement is first agreed. What is the purpose of the Noongar Standard Heritage Agreement? The purpose of the NSHA is to establish a uniform and efficient Aboriginal heritage survey regime for land clearance and the protection and preservation of Aboriginal Sites/Objects across the South West ILUA Areas. Who is bound to follow the Noongar Standard Heritage Agreement? From the date the are executed, all Government agencies and instrumentalities will be required to enter into a NSHA with the Regional Corporations (or, until they are established, SWALSC on behalf of each ILUA group), when they propose to conduct Aboriginal Heritage Surveys within an ILUA area. Registered holders of a Mining or Petroleum Tenement or Access Authority granted the execution of the ILUAs will also have a condition on their title requiring them to enter into a Heritage Agreement with SWALSC/the Regional Corporation (if the latter agrees). This may be either the NSHA or another form of Heritage Agreement if agreed by SWALSC/the Regional Corporation. Local Government and other private land users
July 2016 Earliest possible commencement of South West Settlement. Do any obligations commence following Execution of the ILUAs by the State? Most components of the Settlement will not commence until after the ILUAs are successfully registered, when the Settlement formally comes into effect and the Noongar Regional Corporations are established. However, as soon as possible following execution of the ILUAs, the State is required to introduce and sponsor the Noongar Recognition Bill and Enabling Bill into the Parliament. The Noongar Recognition Bill recognises Noongar People as the Traditional Owners of the South West of Western Australia. The Enabling Bill contains measures to enable the Minister for Lands to grant the Regional Corporation Land Access Licences and to establish the Noongar Land Estate as required under the ILUAs. Additionally from the execution date of the ILUAs, the Noongar Standard Heritage Agreement (NSHA) provisions of the ILUAs come into operation. Government proponents, who are a party to the ILUAs, must enter into the NSHA with SWALSC or the Regional Corporations as the representative of the ILUA group when doing Aboriginal heritage surveys in the ILUA areas. The Minister for Mines is required to impose a condition on the grant of mining or petroleum tenements to require the holders of those tenements to offer to enter into the NHSA with SWALSC or the Regional Corporations as the representative of the ILUA group unless a different kind of Aboriginal heritage agreement is first agreed. What is the purpose of the Noongar Standard Heritage Agreement? The purpose of the NSHA is to establish a uniform and efficient Aboriginal heritage survey regime for land clearance and the protection and preservation of Aboriginal Sites/Objects across the South West ILUA Areas. Who is bound to follow the Noongar Standard Heritage Agreement? From the date the are executed, all Government agencies and instrumentalities will be required to enter into a NSHA with the Regional Corporations (or, until they are established, SWALSC on behalf of each ILUA group), when they propose to conduct Aboriginal Heritage Surveys within an ILUA area. Registered holders of a Mining or Petroleum Tenement or Access Authority granted the execution of the ILUAs will also have a condition on their title requiring them to enter into a Heritage Agreement with SWALSC/the Regional Corporation (if the latter agrees). This may be either the NSHA or another form of Heritage Agreement if agreed by SWALSC/the Regional Corporation. Local Government and other private land users
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