{"id":"land-administration-south-west-native-title-settlement-act-2016","name":"Land Administration (South West Native Title Settlement) Act 2016","slug":"land-administration-south-west-native-title-settlement-act-2016","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":44024,"registerId":"wa-land-administration-south-west-native-title-settlement-act-2016-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Land Administration (South West Native Title Settlement) Act 2016","content":"![Crest]()Western Australia\n\nLand Administration (South West Native Title Settlement) Act 2016\n\nWestern Australia\n\nLand Administration (South West Native Title Settlement) Act 2016\n\nContents\n\nPart 1 — Preliminary matters\n\n1. Short title 6\n\n2. Commencement 6\n\n3. Terms used 6\n\n4. Notes not part of Act 8\n\n5. Purposes 8\n\n6. Act binds Crown 8\n\n7. *Government Agreements Act 1979* does not apply 8\n\nPart 2 — General matters relating to LAA\n\n8. Functions and powers of Minister for Lands 10\n\n9. Relationship with LAA 10\n\nPart 3 — Land Base Strategy\n\n10. Power of Minister for Lands to implement Land Base Strategy 11\n\n11. Exemption from transfer duty 11\n\n12. Compensation for revocation of management order 11\n\nPart 4 — Land access licences\n\nDivision 1 — Grant and terms of licences\n\n13. Grant of licence 12\n\n14. Terms and conditions of licence 12\n\n15. Amendment of licence 12\n\n16. Suspension or termination of licence 12\n\nDivision 2 — Legal effect of licences\n\n17. Approval for co‑existence of certain rights not required 13\n\n18. Effect of licence on unallocated Crown land 13\n\n19. Effect of licence on creation of other interests 13\n\n20. Application of *Property Law Act 1969* 13\n\nDivision 3 — Parliamentary scrutiny of licence amendments\n\n21. Tabling and disallowance of licence amendment 13\n\nDivision 4 — Liability of State in respect of licences\n\n22. Acts or activities of Crown 14\n\n23. Entry and use of Licence Area 14\n\n24. Occupier in relation to Licence Area 14\n\n25. Foreseeability of risk 14\n\nPart 5 — Miscellaneous matters\n\n26. Regulations 15\n\nPart 6 — *Land Administration Act 1997* amended\n\n27. Act amended 16\n\n28. Section 91 amended 16\n\nNotes\n\nCompilation table 17\n\nDefined terms\n\n  \n\nWestern Australia\n\nLand Administration (South West Native Title Settlement) Act 2016\n\nAn Act —\n\n- to provide for the conveyance of freehold title, the creation of reserves and the making of management orders in respect of reserves, and the grant of leasehold interests, for the benefit of the Noongar people; and\n- to provide for licences to enable the Noongar people to access, and carry out activities for Aboriginal Customary Purposes, on certain unallocated Crown land and unmanaged reserves,\n\n\nand for related purposes.\n\n**Preamble**\n\n1. The State has entered into agreements with the Noongar people for the settlement of all claims by the Noongar people in pending and future applications under the *Native Title Act 1993* (Commonwealth) for the determination of native title and for compensation payable for acts affecting that native title.\n\n2. In exchange for compensation in the form of the payment and provision by the State of benefits under the agreements, the Noongar people consent —\n\n(a) to surrender any native title rights and interests that exist in relation to the areas of the State to which the agreements relate; and\n\n(b) to the validation of all acts that, historically, may have been done invalidly in relation to those areas.\n\n3. The compensation under the agreements also compensates the Noongar people for the loss, surrender, diminution, impairment and other effects on their native title rights and interests of all acts that have been done in relation to those areas.\n\n4. The benefits to be provided by the State under the agreements include —\n\n(a) the allocation of freehold land, leasehold land and reserved land to be held on trust for the benefit of the Noongar people; and\n\n(b) the grant of licences to enable the Noongar people to access, and carry out activities for Aboriginal Customary Purposes on, certain unallocated Crown land and unmanaged reserves.\n\n5. It is appropriate for the Parliament to legislate to enable the State to carry out its obligations under the agreements in relation to the provision of the benefits referred to in clause 4(a) and (b).\n\nThe Parliament of Western Australia enacts as follows:\n\n## Part 1 — Preliminary matters\n\n##### 1. Short title\n\nThis is the *Land Administration (South West Native Title Settlement) Act 2016*.\n\n##### 2. Commencement\n\nThis Act comes into operation as follows —\n\n(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent;\n\n(b) the rest of the Act — on a day fixed by proclamation.\n\n##### 3. Terms used\n\nIn this Act, unless the contrary intention appears —\n\nAboriginal Customary Purpose has the meaning given in the settlement terms Annexure O clause 1.1;\n\nCrown land has the meaning given in the LAA section 3(1);\n\nLAA means the *Land Administration Act 1997*;\n\nland access licence means a licence in force under the LAA section 91 because of the operation of Part 4;\n\nLand Base Strategy has the meaning given in the settlement terms clause 1.3;\n\nLand Sub has the meaning given in the settlement terms clause 1.3;\n\nlicence amendment means an amendment to a land access licence other than an amendment to the Licence Area because of the settlement terms Annexure O clause 2.3, 2.4, 2.5 or 2.8;\n\nLicence Area has the meaning given in the settlement terms Annexure O clause 1.1;\n\nLicensee has the same meaning as in the settlement terms Annexure O;\n\nLicensee’s Agents has the meaning given in the settlement terms Annexure O clause 1.1;\n\nLicensee’s Members has the meaning given in the settlement terms Annexure O clause 1.1;\n\nmanagement order means an order made under the LAA section 46(1) placing the care, control and management of a reserve with the Land Sub;\n\nMinister for Lands means the Minister as defined in the LAA section 3(1);\n\nNoongar Land Estate has the meaning given in the settlement terms clause 1.3;\n\nRegional Corporation means a Regional Corporation appointed under the Trust Deed clause 4 and includes a replacement Regional Corporation appointed under that clause;\n\nreserve has the meaning given in the LAA section 3(1);\n\nsettlement ILUA means any of the following indigenous land use agreements under the *Native Title Act 1993* (Commonwealth) section 24CA executed by the State on 8 June 2015 as in force from time to time for as long as the agreement continues in force —\n\n(a) Ballardong People Indigenous Land Use Agreement;\n\n(b) Gnaala Karla Booja Indigenous Land Use Agreement;\n\n(c) South West Boojarah #2 Indigenous Land Use Agreement;\n\n(d) Wagyl Kaip & Southern Noongar Indigenous Land Use Agreement;\n\n(e) Whadjuk People Indigenous Land Use Agreement;\n\n(f) Yued Indigenous Land Use Agreement;\n\nNote for this definition:\n\nClause 17 of each settlement ILUA provides for the publication of the settlement ILUA as executed, and any variations to it, on the Agreements, Treaties and Negotiated Settlements database (ATNS) at www.atns.net.au and on relevant State and Government Party websites.\n\nsettlement terms means the document entitled “South West Settlement Terms” that is set out in Schedule 10 to a settlement ILUA;\n\nTrust has the meaning given in the settlement terms clause 1.3;\n\nTrust Deed has the meaning given in the settlement terms clause 1.3;\n\nunallocated Crown land has the meaning given in the LAA section 3(1);\n\nunmanaged reserve has the meaning given in the LAA section 3(1).\n\n##### 4. Notes not part of Act\n\nA note set out at the foot of a provision of this Act is provided to assist understanding and does not form part of this Act.\n\n##### 5. Purposes\n\nThe purposes of this Act are —\n\n(a) to provide for the implementation of the Land Base Strategy for the purpose of establishing the Noongar Land Estate in accordance with the settlement terms; and\n\n(b) to provide for land access licences in accordance with the settlement terms.\n\n##### 6. Act binds Crown\n\nThis Act binds the State and, so far as the legislative power of the State permits, the Crown in all its other capacities.\n\n##### 7. *Government Agreements Act 1979* does not apply\n\nThe *Government Agreements Act 1979* does not apply to or in relation to any of the following regardless of whether the administration of this Act is for the time being committed by the Governor to, or approved by the Governor to be placed under the control of, the Minister administering that Act —\n\n(a) a settlement ILUA;\n\n(b) any variation of a settlement ILUA;\n\n(c) any document, instrument or other thing made, executed, issued or obtained for the purposes of a settlement ILUA or the implementation of a settlement ILUA.\n\n## Part 2 — General matters relating to LAA\n\n##### 8. Functions and powers of Minister for Lands\n\n(1) The Minister for Lands has all the functions and powers necessary or convenient for the purposes of this Act.\n\n(2) Subsection (1) is not limited by Part 3 or 4.\n\n##### 9. Relationship with LAA\n\n(1) If there is an inconsistency between this Act and the LAA, this Act prevails to the extent of the inconsistency.\n\n(2) Without limiting subsection (1), the *Land Administration Regulations 1998* regulations 4 and 12 do not apply in relation to any conveyance or transfer of the fee simple in Crown land for the purposes of implementing the Land Base Strategy.\n\n## Part 3 — Land Base Strategy\n\n##### 10. Power of Minister for Lands to implement Land Base Strategy\n\n(1) The Minister for Lands may, on behalf of the State, do anything that is necessary or convenient to be done for the purposes of implementing the Land Base Strategy.\n\n(2) Subsection (1) applies in respect of the doing of a thing even if the LAA does not expressly or impliedly authorise the doing of the thing or that the LAA expressly or impliedly prohibits the doing of the thing.\n\n(3) In this section, a reference to the doing of a thing includes a reference to an omission to do a thing.\n\n##### 11. Exemption from transfer duty\n\nTransfer duty is not payable under the *Duties Act 2008* Chapter 2 in respect of any transfer or lease of land in accordance with the Land Base Strategy to the Trust or the Land Sub.\n\n##### 12. Compensation for revocation of management order\n\n(1) This section applies if a management order is revoked in the circumstances described in the Land Base Strategy clause 4(b).\n\n(2) The provision of alternative reserve land or compensation in accordance with the Land Base Strategy clause 4(b) is in addition to any compensation payable under the LAA section 51AA(3) or 204(1) in respect of the revocation.\n\n(3) The LAA section 204(2) does not apply in respect of the revocation.\n\n[Section 12 amended: No. 4 of 2023 s. 125.]\n\n## Part 4 — Land access licences\n\n### Division 1 — Grant and terms of licences\n\n##### 13. Grant of licence\n\n(1) The Minister for Lands must grant to a Regional Corporation a licence in accordance with the settlement terms clause 13.1(b) or (d).\n\n(2) The LAA section 48(1) does not apply in respect of the grant of a licence under subsection (1).\n\n(3) A licence granted under subsection (1) is to be taken to be a licence granted under the LAA section 91(1).\n\n##### 14. Terms and conditions of licence\n\n(1) The terms and conditions of a land access licence are the terms and conditions set out in the settlement terms Annexure O and includes those terms and conditions as amended from time to time under section 15(1).\n\n(2) The LAA section 91(2)(a) to (c) do not apply in respect of a land access licence.\n\n##### 15. Amendment of licence\n\n(1) A land access licence can only be amended in accordance with the settlement terms.\n\n(2) The LAA section 91(2)(d) does not apply in respect of a land access licence.\n\n##### 16. Suspension or termination of licence\n\n(1) A land access licence can only be suspended or terminated in accordance with its terms and conditions.\n\n(2) The LAA section 91(3) does not apply in respect of a land access licence.\n\n### Division 2 — Legal effect of licences\n\n##### 17. Approval for co‑existence of certain rights not required\n\n(1) The LAA does not prevent the simultaneous existence on the same area of Crown land of a land access licence and another right referred to in the LAA section 91(5).\n\n(2) For the purposes of subsection (1) an approval referred to in the LAA section 91(5) is not required.\n\n##### 18. Effect of licence on unallocated Crown land\n\nLand does not cease to be unallocated Crown land because of the existence of a land access licence in respect of the land.\n\n##### 19. Effect of licence on creation of other interests\n\nThe creation, grant or exercise under any written law of an interest, right, title or power in respect of land is not affected by the existence, at the time of the creation, grant or exercise, of a land access licence in respect of the land.\n\n##### 20. Application of *Property Law Act 1969*\n\nA land access licence is not property for the purposes of the *Property Law Act 1969*.\n\n### Division 3 — Parliamentary scrutiny of licence amendments\n\n##### 21. Tabling and disallowance of licence amendment\n\n(1) The Minister for Lands must cause a licence amendment to be laid before each House of Parliament within 12 sitting days of the House after the day on which the licence amendment takes effect.\n\n(2) The *Interpretation Act 1984* section 42(2) and (3) apply in relation to a licence amendment as if it were a regulation.\n\n(3) If a licence amendment is disallowed under this section or is not laid before both Houses of Parliament in compliance with this section, the relevant land access licence as it was in effect immediately before the licence amendment came into effect revives on and after the day of disallowance or the day following the last day for compliance.\n\n(4) The Minister for Lands must, as soon as is practicable, notify the holder of the relevant land use licence if a licence amendment is disallowed under this section or is not laid before both Houses of Parliament in compliance with this section.\n\n### Division 4 — Liability of State in respect of licences\n\n##### 22. Acts or activities of Crown\n\nNothing done under this Part, or under a land access licence, is to be taken to be an act of the Crown or an activity undertaken by the Crown for the purposes of the LAA section 264(2)(a).\n\n##### 23. Entry and use of Licence Area\n\nA Licensee under a land access licence, the Licensee’s Members and the Licensee’s Agents enter and use the Licence Area under the land access licence entirely at their own risk.\n\n##### 24. Occupier in relation to Licence Area\n\nNothing done under this Part is to be taken into account in determining (whether under the *Occupiers’ Liability Act 1985*, under the common law or otherwise) if the Crown is an occupier of a Licence Area.\n\n##### 25. Foreseeability of risk\n\nNothing done under this Part is to be taken into account in determining, for the purposes the *Civil Liability Act 2002* section 5B(1)(a), if a risk was foreseeable.\n\n## Part 5 — Miscellaneous matters\n\n##### 26. Regulations\n\nThe Governor may make regulations prescribing matters —\n\n(a) required or permitted to be prescribed by this Act; or\n\n(b) necessary or convenient to be prescribed for giving effect to this Act.\n\n## Part 6 — *Land Administration Act 1997* amended\n\n##### 27. Act amended\n\nThis Part amends the *Land Administration Act 1997*.\n\n##### 28. Section 91 amended\n\nAfter section 91(6) insert:\n\n(7) The operation of this section is affected by the *Land Administration (South West Native Title Settlement) Act 2016* Part 4.\n\n![dline]()\n\nNotes\n\nThis is a compilation of the *Land Administration (South West Native Title Settlement) Act 2016* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Land Administration (South West Native Title Settlement) Act 2016* | 10 of 2016 | 16 May 2016 | s. 1 and 2: 16 May 2016 (see s. 2(a));   Act other than s. 1 and 2: 6 Jun 2016 (see s. 2(b) and *Gazette* 27 May 2016 p. 1548) |\n| *Land and Public Works Legislation Amendment Act 2023* Pt. 4 Div. 6 | 4 of 2023 | 24 Mar 2023 | 10 Aug 2023 (see s. 2(b) and SL 2023/132 cl. 2) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nAboriginal Customary Purpose 3\n\nCrown land 3\n\nLAA 3\n\nland access licence 3\n\nLand Base Strategy 3\n\nLand Sub 3\n\nlicence amendment 3\n\nLicence Area 3\n\nLicensee 3\n\nLicensee’s Agents 3\n\nLicensee’s Members 3\n\nmanagement order 3\n\nMinister for Lands 3\n\nNoongar Land Estate 3\n\nRegional Corporation 3\n\nreserve 3\n\nsettlement ILUA 3\n\nsettlement terms 3\n\nTrust 3\n\nTrust Deed 3\n\nunallocated Crown land 3\n\nunmanaged reserve 3\n\n© State of Western Australia 2023.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2023.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of implementing the South West Native Title Settlement. It establishes the specific mechanisms (Land Base Strategy and land access licences) described in the preamble and purposes section without significant expansion into unrelated areas. The 2023 amendment (section 12) was a technical clarification regarding compensation for revoked management orders, not a substantive expansion of scope."},"complexity_factors":["Heavy reliance on external documents: 14 defined terms reference 'settlement terms' or 'settlement ILUA' (Indigenous Land Use Agreement) documents that are not reproduced in the Act itself, requiring cross-referencing to understand key concepts like 'Aboriginal Customary Purpose', 'Licence Area', and 'Land Base Strategy'","Nested statutory modification: The Act extensively modifies the operation of the Land Administration Act 1997 (LAA) through specific exclusions (sections 9, 13(2), 14(2), 15(2), 16(2), 17, 22) requiring readers to hold both Acts in mind simultaneously","Conditional liability framework: Division 4 (sections 22-25) contains four separate provisions limiting State liability through negative stipulations ('nothing done... is to be taken to be'), creating a complex web of exclusions from the Occupiers' Liability Act 1985, Civil Liability Act 2002, and general common law","Parliamentary disallowance mechanism: Section 21 creates a hybrid disallowance process applying Interpretation Act provisions to licence amendments, with revival consequences if procedural requirements are not met","Crown immunity and binding provisions: Section 6 binds the Crown while section 7 explicitly excludes the Government Agreements Act 1979, creating a specific statutory carve-out"],"plain_english_summary":"This Western Australian law implements the South West Native Title Settlement, a major agreement between the State and the Noongar people (the traditional owners of south-west Western Australia). It does two main things:\n\n**1. Creates the Noongar Land Estate**\n- Allows the government to transfer freehold land, create reserves, and grant leases to be held in trust for the Noongar people\n- Exempts these land transfers from stamp duty (transfer duty)\n- Ensures compensation is paid if management orders over reserves are revoked\n\n**2. Establishes Land Access Licences**\n- Grants licences to Regional Corporations (Noongar representative bodies) allowing Noongar people to access and use certain Crown land and unmanaged reserves for \"Aboriginal Customary Purposes\" (traditional cultural activities)\n- These licences can coexist with other land uses (like mining or pastoral leases) without needing special approval\n- The licences don't create property rights and don't make the State liable for injuries or risks that occur when Noongar people use the land\n\n**Why it matters:**\nThis law gives effect to a historic settlement where the Noongar people agreed to surrender their native title claims across south-west WA in exchange for compensation, land, and ongoing access rights. It creates a permanent legal framework for Noongar land ownership and cultural access, while protecting the State from certain liabilities."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"Insufficient information available to assess whether the Act's scope changed from its original intent. The legislation text was inaccessible, preventing any comparison between the Bill as introduced and the Act as passed."},"complexity_factors":["Native title law is one of the most complex areas of Australian law, involving interplay between Commonwealth and State legislation","Settlements of this kind typically involve multiple interlocking agreements, schedules, and bodies corporate","Land administration provisions likely involve Crown land tenure (types of legal ownership/use rights over government land), which is highly technical","The South West Native Title Settlement is historically one of Australia's largest and most legally intricate native title agreements","Likely interaction with the Native Title Act 1993 (Cth), the Land Administration Act 1997 (WA), and the Aboriginal Heritage Act 1972 (WA)","Full text unavailable — complexity cannot be fully assessed or verified"],"plain_english_summary":"This Act concerns land administration tied to the South West Native Title Settlement, which addresses Noongar traditional rights across South West WA. It governs how settlement outcomes — such as recognised connections to country and associated land, compensation and governance measures — are implemented. It mainly affects Noongar people, State and local land managers, developers and businesses, and the South West Aboriginal Land and Sea Council."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act's scope aligns with its stated purpose: implementing the Land Base Strategy to establish the Noongar Land Estate and to create land‑access licences under the settlement terms. It deliberately alters and disapplies parts of the Land Administration Act and certain regulations, introduces targeted fiscal and liability rules, and confines licence terms to the settlement documentation rather than expanding to other subjects."},"complexity_factors":["Extensive cross‑references to and partial overrides of the Land Administration Act 1997 and its regulations (interaction and precedence rules).","Dependence on external settlement documents (settlement ILUAs and the settlement terms / Annexure O) for licence terms and Land Base Strategy definitions.","Broad, open‑ended powers granted to the Minister for Lands to implement the Land Base Strategy (wide executive discretion).","Special fiscal and compensation rules: transfer‑duty exemption and altered compensation mechanisms for revoked management orders (integration with Duties Act 2008 and LAA compensation provisions).","A bespoke licence regime that departs from ordinary LAA licence rules (restricted amendment/suspension rules, non‑property status, co‑existence rules).","Parliamentary oversight for licence amendments via tabling and disallowance with automatic revival consequences (procedural complexity).","Provisions limiting State liability, occupier status and foreseeability of risk for licence areas (affects civil‑liability analysis).","Amendments to the LAA to record the special operation of this Act (statutory layering and potential interpretive difficulty).","Reliance on commencement by proclamation for most operative provisions (phased entry and implementation risk)."],"plain_english_summary":"This Act implements the South West Native Title Settlement by authorising the State to transfer freehold, leasehold and reserved land into a Noongar Land Estate and to create land‑access licences for Aboriginal Customary Purposes on unallocated Crown land and unmanaged reserves. It gives broad powers to the Minister for Lands and exempts certain transfers from duty, sets compensation and licence terms, limits legal status and State liability, and creates a Parliamentarily‑reviewable amendment process. It affects the State, Regional Corporations, the Trust and Noongar licensees."}},"importantCases":[],"_links":{"self":"/api/acts/land-administration-south-west-native-title-settlement-act-2016","history":"/api/acts/land-administration-south-west-native-title-settlement-act-2016/history","analysis":"/api/acts/land-administration-south-west-native-title-settlement-act-2016/analysis","conflicts":"/api/acts/land-administration-south-west-native-title-settlement-act-2016/conflicts","importantCases":"/api/acts/land-administration-south-west-native-title-settlement-act-2016/important-cases","documents":"/api/acts/land-administration-south-west-native-title-settlement-act-2016/documents"}}