Perpetual understands that Noongar people are the traditional owners of Noongar Boodja (Noongar Lands) and continue to have a living cultural, spiritual, familial, and social relationship to Boodja.

How will the Trustee manage the Noongar Land Assets?

The Noongar Boodja Trust Deed requires that the Trustee manage the Noongar Land Estate in the interests of the Noongar Community, who are the traditional owners and cultural knowledge holders of Noongar Boodja. The Trustee has a role working with the six Noongar Regional Corporations to realise the Noongar Community’s aspirations for Boodja (country) during the process for land selection and how the land is managed and/or developed.

How will land be selected?

The Noongar Land Base Strategy (Annexure J of the Indigenous Land Use Agreements) sets out how and what land will be selected and held in the Trust. Up to 300,000 hectares of Crown Reserves or leasehold and up to 20,000 hectares of freehold land will be held in the Noongar Boodja Trust.

The Noongar Land Base Strategy sets out targets for identification and allocation of land of which the State and the Trustee, must work towards over the first 5 years. There are targets and time frames that the WA Government and the Trustee must meet to ensure that the maximum land possible is transferred to the Noongar Land Estate. The Trustee and the Department of Planning Lands and Heritage identify available land and the Trustee consults the Regional Corporations before deciding to accept land into the Trust.

The diagram below sets out the 5 steps for the allocation of land to the Noongar Land Estate.

The Trust will hold freehold land like any other private landholder. Reserve land will be under the care, control and management of the Trust. Usually, reserve land will have an agreed purpose of being for “Noongar Social, Cultural and Economic benefit”. The conditions of the management order over the reserve may include the power to lease, sublease or licence any part of the reserve consistent with the reserve purpose.

How will land be recorded?

The Land Sub is a special purpose company owned by the Noongar Boodja Trust that holds the legal title and management orders for the Noongar Land Estate.

The Trustee has prepared and maintains a Land Register of all the land and management orders held by the Land Sub. The Land Register records which Regional Corporation is identified with the land and keeps track of the costs and obligations connected with the land.

Particular use of reserve land will be determined by the Trustee in consultation with the relevant Regional Corporation.

How will Cultural Land be managed?

Cultural Land will be held in a Cultural Land Fund. The lands will be held for cultural purposes and not for sale or development.

The Trustee may accept any interest in land in the Cultural Land Fund, at the request of a Regional Corporation or a Noongar Agreement Group and in consultation with the Regional Corporation for the Indigenous Land Use Agreements Region to which that land relates.

If a Regional Corporation wishes to transfer any such lands into the Development Land Fund, from which it can be sold, there is a process which must be followed before the Trustee will allow such a transfer and Noongar Agreement Group endorsement given at a meeting would be required.

The Trustee must seek to protect all lands and must not breach the Title Protection Criteria – which are rules for the holding and protection of the land. All lands will be held by the Trust, but management rights will be assigned to the Regional Corporations through the grant of an interest to the Regional Corporation.

How does the Trustee decide whether land is Development Land or Cultural Land?

The Trustee must determine, in consultation with the Regional Corporations, whether land is allocated to the Cultural Land Fund, the Development Land Fund or the Housing Land Fund.

The Trustee, in discussion with the Investment Committee, may make decisions relating to the development of parcels of land for the economic benefit of the community.

The Regional Corporations will manage Cultural Land, with input from their members. This land is managed with regard to the spiritual and cultural connection of the Noongar Community and traditional law and custom. The Trustee acknowledges that the Noongar Community remain the spiritual and cultural custodians of land and work with the Noongar Community to ensure Noongar people have increased access to land to practise their culture, languages, beliefs and customary knowledge.

Cultural Land cannot be sold or commercially developed, unless an extensive consultation process has been undertaken with the relevant Regional Corporations. Leases can be issued over Cultural Land, provided the lease purpose is consistent with Cultural Land purposes.

A Regional Corporation can request that the Trustee grant to it an interest in Cultural Land (by way of lease, licence etc.). The Trustee must do this:

• Provided that it is lawful to do so, and the Trustee is of the view that the Regional Corporation can afford to maintain the interest in the Cultural Land and

• On the condition that the Regional Corporation cannot dispose of the interest (by sale, transfer etc.) or encumber it (by mortgage, charge etc.)

It will be possible for third parties, such as other Aboriginal corporations, to lease land or otherwise be involved in its management. Decisions regarding this will be made by the Trustee in consultation with the relevant Regional Corporation and other advisory committees, as outlined in the Trust Deed.

What is Development Land?

Development Land will be held in a Development Land Fund. This land is held by the Trustee for development and/or for sale. No development or sale can occur without consultation with the relevant Regional Corporation and the Investment Committee.

Where development is required prior to sale, the Trustee will establish special purpose development company which will be responsible for undertaking the development activity and managing sales. The Trustee cannot undertake development activities itself.

The proceeds of any sale will, in most cases, be distributed partly to the Operations Fund, and partly to the Future Fund. There is a default formula for allocating the proceeds, found in the Trust Deed. The formula has regard to which Indigenous Land Use Agreements Region the Development Land is located in. If the Trustee seeks to allocate the proceeds differently, the Trustee must consult with the Noongar Advisory Company, the Noongar Relationship Committee and the WA Government. The requirement for consultation with the WA Government ceases after the first 12 years (i.e. when the WA Government stops making contributions to the Trust).