Noongar Boodja Trust

What is the Noongar Boodja Trust?

 

The Noongar Boodja Trust is part of the governance structure for the South West Native Title Agreement between the Noongar People and the State of Western Australia.

The Noongar Boodja Trust will hold, maintain and grow the compensation paid by the State of Western Australia to the Noongar People under the Agreement.

These benefits will be applied to the six Noongar Regional Corporations and the Central Services Corporation who represent the Noongar Community under the Agreement.

Perpetual Trustee Company (Perpetual), as the first Noongar Boodja Trustee, welcomes the opportunity to act as trustee of the Noongar Boodja Trust and to work in partnership with Noongar People to realise the aspirations of the community that are intrinsically linked to Boodja (country), Kaarditjin (culture) and Moort (community).

The Noongar Boodja Trust will create an enduring legacy of self-determination for the Noongar People. This will be reflected in a gradual transition of the Noongar Advisory Company into the Dedicated Trustee of the Trust after the first 12 years.

Who is the Trustee of the Noongar Boodja Trust?

 

The Trustee Selection Panel, which included representation from the South West Aboriginal Land and Sea Council, the State of Western Australia, and independent experts, selected the Perpetual Trustee Company Ltd (Perpetual) as the first Trustee for the Noongar Boodja Trust in July 2016.

Perpetual is an ASX Listed Australian investment and trustee company with over 130 years’ experience working as a trustee for individuals, businesses and charities. Perpetual has a specialised native title trusts team in Boorloo (Perth) to manage the Noongar Boodja Trust.

What is the Noongar Governance Structure?

  • The Noongar Advisory Company is an important part of community and stakeholder consultation in the Noongar Governance Structure. It is a way that the Noongar Governance Structure can hold and maintain background knowledge, goodwill, and intellectual property independent of Perpetual as the first Trustee.

    In time, the Noongar Advisory Company will transition to become the Dedicated Trustee of the Noongar Boodja Trust.

    The general functions of the Noongar Advisory Company are:

    • Assisting Perpetual to manage its relationship with the Noongar Community, the Noongar Corporations Committee, the Central Services Corporation, and the six Noongar Regional Corporations

    • Fostering mutual respect and cooperation between Perpetual, the Noongar Community, the Central Services Corporation, and the six Noongar Regional Corporations; and

    • Making recommendations to Perpetual as to the fulfilment of the Trust Purpose and the terms of the Trust Deed generally.

    The board of the Noongar Advisory Company comprises 6 directors:

    • 2 Noongar directors nominated by the Nominations Committee

    • 2 Independent directors nominated by the Nominations Committee

    • 1 State nominee, and

    • 1 Trustee nominee.

  • The Noongar Nominations Committee manages the selection processes for board and committee members for the Investment Committee and the Noongar Advisory Company.

    The Nominations Committee also has a role in assessing the eligibility of candidates for Noongar Corporation directors to ensure that candidates have an established record of sound contribution to the operations of boards and committees, are of good standing, and are not disqualified under relevant laws.

    The Nominations Committee has 6 members:

    • 1 Trustee representative (who is the Chair)

    • 1 nominee of the Noongar Relationship Committee

    • 2 representatives of the Noongar Community that have experience with directorships and boards; and

    • 2 independent persons that have experience with directorships and boards.

    No members of this committee can be a director or member of any other Trust committees or corporations, or Noongar Corporations.

  • The Noongar Investment Committee is responsible for the development of the Investment Policy, and consulting with the Noongar Corporations Committee, the Noongar Advisory Company, and the WA Government about investment matters. The Investment Committee selects Investment Managers and reviews their performance.

    The Investment Committee has a role in assessing and arranging for the sale, or development and sale, of properties included in the Development Land Fund.

    Membership of the Committee is restricted to persons who have demonstrated knowledge and expertise in the areas of investment management and property development.

    The Investment Committee has 7 members appointed by the Trustee consisting of:

    • 1 representative nominated by the Trustee (who is the chair)

    • 2 representatives nominated by the Noongar Corporations Committee, on the recommendation Noongar Nominations Committee, and having at least 5 years investment or property development expertise or experience

    • 4 independent persons nominated by the Trustee on the recommendation of the Nominations Committee comprising:

    • 2 persons that have at least 5 years expertise or experience in significant property transactions and

    • 2 persons that have at least 5 years investment expertise or experience in relation to funds under management of greater than $500 million.

  • The Noongar Relationship Committee is the main connection between the Noongar Corporations and the Trust. Its main role is to provide a forum for review of Perpetual’s obligations to the Noongar Corporations under the Trust Deed. It will also have a role in the review of the Central Services Corporation’s services to the Regional Corporations, and for discussion regarding the general administrative and operational matters of the Noongar Corporations.

    Perpetual is also required to consult the Noongar Investment Committee on certain matters relating to the Trust including:

    • Accessing the income or capital of the Noongar Future Fund

    • Allocating proceeds from Development Land property development activities

    • Appointing representatives on the Nominations Committee

    • The Trustee’s compliance with the Trust Deed

    • The Trustee’s dealings with traditional laws and customs relevant to the Noongar Community

    • Preparing the Trustee Expense Budget

    • The Code of Conduct and Policies and Procedures Manual for the Trust

    • Strategic review of the Trust, and

    • Changes to the Trust Deed.

    Perpetual is responsible for establishing and maintaining the Noongar Relationship Committee. The committee comprises up to 17 people, including:

    • All the 14 representatives of the Noongar Corporations Committee; and

    • 3 Directors of the Noongar Advisory Company, comprising:

    • The Trustee nominee director

    • 1 independent director; and

    • 1 Noongar Community Representative.

What is the purpose of the Noongar Boodja Trust?

The Trustee must Apply the Trust Fund solely for the purpose of providing money, property or benefits to or for the Eligible Noongar Entities (the 6 Noongar Regional Corporations and the Central Services Corporation) or for the establishment of Eligible Noongar Entities.

What is the role of the Trustee?

Clause 2.3 of the Noongar Boodja Trust deed defines the list of services the Trustee (Perpetual) must provide in support of the Trust purpose as being:

  • (a) support each Regional Corporation to represent the interests of and deliver services to the Noongar Community living in the Region;

  • (b) support the Central Services Corporation to represent the interests of all the Noongar Community and all the Noongar Boodja Traditional Lands, deliver services to the Noongar Community and Regional Corporations and undertake other core services;

  • (c) support the Central Services Corporation to establish and maintain the Noongar Corporations Committee, which is the primary source for consultation amongst the Eligible Noongar Entities;

  • (d) hold and manage the Cultural Land, in consultation with the relevant Regional Corporations in a manner that has regard to the spiritual and cultural connection of the relevant Agreement Group or Groups;

  • (e) hold, manage, invest and develop the Development Land, in consultation with the Investment Committee in a manner that aims to generate positive returns for the Trust Fund;

  • (f) hold, manage, invest and develop the Housing Land, in consultation with the Investment Committee and the Noongar Advisory Company in a manner that aims to achieve improved housing outcomes for the Noongar Community;

  • (g) hold, manage and invest the Noongar Future Fund, in consultation with the Investment Committee in a manner that aims to ensure adequate income to support the operations and projects of the Eligible Noongar Entities in the future;

  • (h) hold, manage and invest the Operations Fund, in consultation with the Noongar Advisory Company, in a manner that ensures, in the Trustee’s opinion, adequate funds for the operations of the Central Services Corporation and the six Noongar Regional Corporations each year, on a fair and equitable basis;

  • (i) accept monies, land or other property from a Contributor, or allocations by the Trustee from the Trust Fund, to hold, manage and invest in the Special Projects Fund to provide funding for the Central Services Corporation and the Regional Corporations for Special Projects from time to time;

  • (j) generally receive, hold, manage, invest and deal with monies, land or other benefits payable to the Trust for the benefit of the Eligible Noongar Entities to assist in the promotion and advancement of the Noongar Community, and manage and maintain other Sub Funds that the Trustee may establish from time to time;

  • (k) manage and maintain the Noongar Advisory Company to provide advice and assistance to the Trustee in accordance with the Trust;

  • (l) manage and maintain the Noongar Relationship Committee to facilitate and streamline a process for the Trustee and the Noongar Advisory Company to have direct, regular and meaningful engagement with the Eligible Noongar Entities who are the key beneficiaries of the Trust;

  • (m) establish, manage and maintain the Investment Committee to provide advice and assistance to the Trustee regarding the investment of the Trust Fund in accordance with the Trust Deed;

  • (n) manage and maintain the Noongar Nominations Committee to provide assistance for all Eligible Noongar Entities that wish to use this committee to “pre-qualify” candidates for positions on the Central Services Corporation board, the Regional Corporation boards and for positions on the Noongar Advisory Company, the Investment Committee or any other subcommittee of the Trust;

  • (o) establish internal controls of expenditure, including by compiling annual budgets;

  • (q) provide support to the Central Services Corporation and Regional Corporations to develop the capacity of Noongar Persons and Noongar Community organisations.