The South West Aboriginal Land and Sea council (SWALSC) today welcomes the Full Federal Court’s decision to uphold the registration of all six Indigenous Land Use Agreements (ILUAs) that comprise the South West Native Title Settlement, bringing the negotiated Settlement one step closer to implementation.
The $1.3bn settlement, which covers 200,000 square kilometres in the south west of Western Australia and impacts an estimated 30,000 Noongar peoples, was authorised by the Noongar People at six Authorisation Meetings in 2015.
The settlement has been challenged at various stages of the legal process by a small group of Noongar People who are opposed to the decisions made by the majority of Noongar People at the six Authorisation Meetings.
In October 2018, the Registrar of the National Native Title Tribunal made the decision to register all six ILUAs. In December 2018, applications for judicial review of the Registrar’s decision were lodged in the Federal Court.
In May 2019, two days of hearings were held to hear oral submissions on the first four grounds of review. In November 2019, a third day of hearings was held to hear oral submissions on the fifth ground of review.
Today, 19 December 2019, the Full Bench of the Federal Court handed down its decision, rejecting the applications for judicial review and awarded costs against the Applicants.
Any parties wishing to appeal this decision are entitled to seek leave to appeal to the High Court, which can then decide whether or not to hear the case.
“I am excited that today we move one step closer to controlling our own destiny and being able to bring our community together in healing for the benefit of future generations of our Noongar People,” said Jeanice Krakouer, Chairperson, SWALSC.
“I’m pleased that today we have been able to honour and respect the wishes of our Elders who fought so long and hard for this negotiated settlement of our claims for native title. I look forward to working with all Noongar People to implement this Agreement,” said Wayne Nannup CEO, SWALSC.