On 17 October 2018, more than three years after the Noongar People voted to accept the State government’s offer to settle the claims under the Native Title Act, the Registrar of the National Native Title Tribunal announced she had decided to registered the six South West Native Title Agreement Indigenous Land Use Agreements (ILUAs) that make up the South West Native Title Settlement.
In making her decision, the Registrar spent over a year considering the objections to the registration of the ILUAs and found that all of the objections were without merit.
Following the announcement by the Registrar that she had registered the six ILUAs, people were given 28 days to seek written reasons for the Registrar’s decision. There was then another 28 days for people to apply to the Federal Court for judicial review of the decision.
A total of eleven people applied to the Court for judicial review of the Registrar’s decision.Today, following a case management hearing held earlier this week, the Court has ordered that the eleven applications be combined into two applications, one with six applicants in a matter to be known as WAD525/2018, or McGlade v SWALSC, and the other with five applicants to be known as WAD519/2018, or Prior v SWALSC.
The Court has also ordered that SWALSC be joined with the State of Western Australia, the Commonwealth of Australia, and the Native Title Registrar as respondents in these reviewsof the Registrar’s decision.
In the McGlade v SWALSC case, the Court has ordered that parties provide all written submissions on or before 12 April 2019, and has referred the matter to the Chief Justice to decide whether that matter is to be heard by the Full Court.
In the Prior v SWALSC case, the Court has ordered that parties provide submissions on or before 22 February for a one-day hearing to be set by the court soon after 22 February.
Based on past experience, it is SWALSC’s best estimate that both matters will have been heard by the Court before June 2019, and it might take up to a further six months for the Court to hand down its decisions.
“While SWALSC respects the right of aggrieved parties to seek judicial review of theRegistrar’s decision to register the six ILUAs that make up the South West Native Title Settlement, we are disappointed that this will further delay the implementation of the Agreement for the benefit of all Noongar People,” said Jeanice Krakouer, Chairperson ofSWALSC.
“SWALSC will take all necessary steps to comply with the instructions of the majority of Noongar people who voted to accept and implement this agreement and will continue to focus our efforts on bringing the Noongar people together in healing and ensure that we build a solid future for generations to come.”
ends.
Next Round of Noongar Elder Cultural Advice Policy Meetings
31 October 2018
Once the South West Native Title Settlement becomes operational, the Regional Corporations must support a cultural governance and decision making model guided by Noongar Elders who are not only Traditional Owners, but are also custodians with historical connections to country, lore, and local custom. It is up to each community and Corporation to decide how this can be best achieved. This next round of Elders Meetings will inform the formation of these Cultural Advice Policies, give give Elders an opportunity to have a say on how cultural governance will happen. Make sure you come along and have you say.
