{"id":"noongar-koorah-nitja-boordahwan-past-present-future-recognition-act-2016","name":"Noongar (Koorah, Nitja, Boordahwan) (Past, Present, Future) Recognition Act 2016","slug":"noongar-koorah-nitja-boordahwan-past-present-future-recognition-act-2016","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105827,"registerId":"wa-noongar-koorah-nitja-boordahwan-past-present-future-recognition-act-2016-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Noongar (Koorah, Nitja, Boordahwan) (Past, Present, Future) Recognition Act 2016","content":"![Crest]()Western Australia\n\nNoongar (Koorah, Nitja, Boordahwan) (Past, Present, Future) Recognition Act 2016\n\nWestern Australia\n\nNoongar (Koorah, Nitja, Boordahwan) (Past, Present, Future) Recognition Act 2016\n\nContents\n\nPreamble 2\n\n1. Short title 3\n\n2. Commencement 3\n\n3. Noongar lands 3\n\n4. Purpose 3\n\n5. Recognition of the Noongar people 3\n\n6. Effect of this Act 4\n\nSchedule 1 — Noongar recognition statement\n\nSchedule 2 — Noongar lands: description\n\nSchedule 3 — Noongar lands: map\n\nNotes\n\nCompilation table 10\n\n  \n\n![]()Western Australia\n\nNoongar (Koorah, Nitja, Boordahwan) (Past, Present, Future) Recognition Act 2016\n\nAn Act for the recognition of the Noongar people as the traditional owners of lands in the south‑west of the State.\n\n##### Preamble\n\nA. Since time immemorial, the Noongar people have inhabited lands in the south‑west of the State; these lands the Noongar people call Noongar boodja (Noongar earth).\n\nB. Under Noongar law and custom, the Noongar people are the traditional owners of, and have cultural responsibilities and rights in relation to, Noongar boodja.\n\nC. The Noongar people continue to have a living cultural, spiritual, familial and social relationship with Noongar boodja.\n\nD. The Noongar people have made, are making, and will continue to make, a significant and unique contribution to the heritage, cultural identity, community and economy of the State.\n\nE. The Noongar people describe in Schedule 1 their relationship to Noongar boodja and the benefits that all Western Australians derive from that relationship.\n\nF. So it is appropriate, as part of a package of measures in full and final 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, to recognise the Noongar people as the traditional owners of the lands described in this Act.\n\nThe Parliament of Western Australia enacts as follows:\n\n##### 1. Short title\n\nThis is the *Noongar (Koorah, Nitja, Boordahwan) (Past, Present, Future) Recognition 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, and different days may be fixed for different provisions.\n\n##### 3. Noongar lands\n\n(1) For this Act, the Noongar lands are the lands described in Schedule 2.\n\n(2) The map in Schedule 3 shows the location of the Noongar lands.\n\n##### 4. Purpose\n\nThe purpose of this Act is to recognise the Noongar people as the traditional owners of the Noongar lands.\n\n##### 5. Recognition of the Noongar people\n\n(1) Parliament acknowledges and honours the Noongar people as the traditional owners of the Noongar lands.\n\n(2) Parliament recognises —\n\n(a) the living cultural, spiritual, familial and social relationship that the Noongar people have with the Noongar lands; and\n\n(b) the significant and unique contribution that the Noongar people have made, are making, and will continue to make, to the heritage, cultural identity, community and economy of the State.\n\n##### 6. Effect of this Act\n\nThis Act does not —\n\n(a) create any right, title or interest, whether in law or equity; or\n\n(b) give rise to or affect any civil claim, action or proceeding; or\n\n(c) give rise to or affect any right of review of an administrative decision; or\n\n(d) affect the interpretation of any law of, or that applies in, the State.\n\nSchedule 1 — Noongar recognition statement\n\n[recital E]\n\n***Noonakoort moort nitja burranginge noongar boodja***\n\n***Noonakoort moort kwomba***\n\n***Djinunge nitja mungarrt — koorah***\n\n***Noonakoort moort yirra yarkinje kwomba noongar boodja***\n\n***Koorah — nitja — boordahwan***\n\n***Noonakoort moort yarkinje noongar boodja***\n\n***Nyidiung koorah barminje noonakoort moort***\n\n***Wierrnbirt domberrinje***\n\n***Noonakoort moort koort boodja***\n\n***Nitja gnulla moorditj karrl boodja***\n\n*All our Noongar people stand here on Noongar land.*\n\n*Past, present and future.*\n\n*We stand strong on our land.*\n\n*The mungart tree symbolises our strength and survival.*\n\n*All of our people stand firm on our land.*\n\n*Our people are here to stay — we will always be.*\n\nWe, the Noongar people, are the traditional owners of South West Western Australia, and have been since before time immemorial. As the First People of South West Western Australia, we continue to practise the laws and customs of our culture. Through this culture, we continue to hold rights, responsibilities and obligations in relation to our people, traditional lands and waters.\n\nWe, the Noongar people, are the largest single Aboriginal cultural bloc on the Australian continent. We belong to one of the oldest surviving living cultures on this earth. As a people, we have a common ancestral language, and a similar history and spirituality. We know that our traditional country is south and west of a line that stretches from Geraldton in the north to Cape Arid in the south‑east, and that the spirit of this place can never be conquered.\n\nNoongar culture, spirit and economy have always depended on the resources of Noongar boodja. Families still return to the biddi (paths) of our ancestors. Our people continue to refer to natural landmarks, especially hills and waterways when describing which families belong to different areas of Noongar boodja. Although barriers may exist, it is still in our hearts, in our blood, it is still our country.\n\nOur living culture, which is long and continuing in this part of the world, begins with Noongar people. This is the opportunity for all Western Australians to experience the ancient tradition of respect, relationships and reciprocity with Noongar people. We have survived.\n\nNote:\n\nThe Noongar nation is made up of a number of different groups. Variations in pronunciation and spelling occur amongst the Amangu, Yued/Yuat, Whadjuk/Wajuk, Binjareb/Pinjarup, Wardandi, Balardong/Ballardong, Nyakinyaki, Wilman, Wirlomin, Ganeang, Bibulmun/Piblemen, Mineng, Goreng, Wudjari and Njunga. For instance, the word “Noongar” can also be spelled “Nyungar”, “Nyoongar” and “Nyoongah”.\n\nSchedule 2 — Noongar lands: description\n\n[s. 3(1)]\n\nAll the lands and waters contained within a line that —\n\n- starts at the intersection of the prolongation westerly of the northern boundary of the Shire of Coorow with the low water mark, being a point on a northern boundary of native title determination application WAD6192/1998 (WC97/71) as accepted for registration on the Register of Native Title Claims on 22 August 1997;\n- then continues generally easterly and generally south‑easterly along the boundaries of that native title application to the intersection with native title determination application WAD6181/1998 (WC00/7) as accepted for registration on the Register of Native Title Claims on 3 July 2008;\n- then continues generally easterly, generally south‑easterly and westerly along the boundaries of that native title application to the intersection with native title determination application WAD6286/1998 (WC98/70) as accepted for registration on the Register of Native Title Claims on 29 September 1998;\n- then continues generally southerly along the boundaries of that native title application to the intersection with the low water mark;\n- then continues generally south‑westerly, generally north‑westerly and generally northerly along the low water mark back to the starting point,\n\n\nother than any land or waters the subject of native title determination application WAD6193/1998 (WC97/72‑6) as accepted for registration on the Register of Native Title Claims on 12 December 2011.\n\nAnd all the islands landward of the low water mark that exist within the area contained within a line that —\n\n- starts at the intersection of the prolongation westerly of the northern boundary of the Shire of Coorow with the low water mark;\n- then continues generally southerly, generally south‑easterly and generally north‑easterly along the low water mark to the intersection with longitude 120.465236;\n- then continues southerly to the intersection of the 3 nautical mile limit with longitude 120.465236;\n- then continues generally south‑westerly, generally north‑westerly and generally northerly along the 3 nautical mile limit to the prolongation westerly of the northern boundary of the Shire of Coorow;\n- then continues easterly along that prolongation back to the starting point.\n\n\nNotes:\n\n1. The low water mark is sourced from the Spatial Cadastral Database maintained by the Western Australian Land Information Authority as at 29 October 2012.\n\n2. Coordinate references are to Geocentric Datum of Australia 1994 (GDA94) coordinates in decimal degrees.\n\n3. The 3 nautical mile limit is sourced from Australian Maritime Boundaries (AMB), 6th edition, released in February 2006.\n\nSchedule 3 — Noongar lands: map\n\n[s. 3(2)]\n\n![]()\n\n![dline]()\n\nNotes\n\n1 This is a compilation of the *Noongar (Koorah, Nitja, Boordahwan) (Past, Present, Future) Recognition Act 2016*. The following table contains information about that Act.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Noongar (Koorah, Nitja, Boordahwan) (Past, Present, Future) Recognition Act 2016* | 9 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. 1547) |\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act’s text confines itself to statutory recognition and an acknowledgement of the Noongar people as traditional owners (s.4–5) and explicitly disclaims creating legal interests or affecting civil claims or the interpretation of State law (s.6). The Preamble states that the recognition forms part of a package said to settle native title claims (Preamble F), but the operative provisions do not themselves implement or alter settlement terms. On the face of the instrument provided, the operative scope (recognition only, no legal rights created) aligns with the Act’s stated purpose and contains no additional legal powers or obligations beyond that recognition."},"complexity_factors":["Short, primarily declaratory text with limited operative provisions (s.4–5).","Explicit non‑creation of legal rights and non‑interference with civil claims and law interpretation (s.6) reduces legal complexity of downstream effects.","Geospatial complexity: Schedule 2 defines the area by reference to multiple registered native title applications, low water mark data and a 3 nautical mile limit; accuracy depends on external databases and coordinate systems (Schedule 2 notes).","Referencing of native title application identifiers and external datasets requires cross‑checking those sources for precise boundary work (Schedule 2).","Commencement by proclamation (s.2(b)) introduces administrative discretion about timing.","Preamble links the recognition to a wider settlement package under the Commonwealth Native Title Act 1993 (Preamble F), creating potential interpretive questions despite s.6’s non‑operative effect."],"plain_english_summary":"What this law does mechanically:\n\n- It names and recognises the Noongar people as the traditional owners of a specifically described area in south‑west Western Australia (the “Noongar lands”). The area is defined in Schedule 2 and shown on the map in Schedule 3 (s.3(1)–(2); Schedules 2–3).\n- It records a statutory recognition statement from the Noongar people (Schedule 1) and places a parliamentary acknowledgement and recognition in the body of the Act (s.5(1)–(2)).\n- It sets when the Act starts: the short title and commencement provisions come into force on Royal Assent and the remainder on days fixed by proclamation (s.1–2).\n- It expressly says the Act does not create legal interests, affect civil claims or administrative review rights, or change how State laws are to be interpreted (s.6).\n\nWhat the Act says is the purpose and the official rationale:\n\n- The Act’s stated purpose is to recognise the Noongar people as the traditional owners of the Noongar lands (s.4).\n- The Preamble records a claim that this recognition is appropriate “as part of a package of measures in full and final settlement of all claims” under the Commonwealth Native Title Act 1993 (Preamble F). That is a claim about purpose; the operative text of this Act itself does not spell out settlement terms.\n\nWho pays, who decides, and what changes in behaviour:\n\n- The Act itself does not specify any payments, transfers of property, or statutory powers to be exercised. It is a recognition statute that records Parliament’s acknowledgement and the Noongar recognition statement (s.5; Schedule 1). The Preamble’s reference to a settlement package (Preamble F) is a purpose-claim only; the Act does not set financial obligations.\n- Parliament decides the recognition (s.5). The timing for most of the Act is left to the Executive by proclamation (s.2(b)), so there is administrative discretion over commencement.\n- Because s.6 removes any effect on rights, titles, civil proceedings, review rights and interpretation of State law, the Act does not itself change private legal rights or impose compliance obligations on third parties.\n\nCosts, incentives, trade-offs and implementation risks (source-grounded):\n\n- Direct compliance or regulatory burdens: none imposed by this Act. Section 6 expressly prevents the Act from creating legal interests or giving rise to civil claims or affecting review rights, so third parties do not acquire new statutory obligations under this Act (s.6(a)–(c)).\n- Fiscal or transfer costs: the Act does not allocate money or assets, and contains no implementation budget or payment mechanism. Although the Preamble links recognition to a wider settlement package (Preamble F), the Act’s operative clauses do not create or describe that package.\n- Administrative discretion and timing: the Executive can fix commencement days for most provisions by proclamation (s.2(b)). That is a concrete point of discretion affecting when the recognition has legal force.\n- Dependence on external technical sources: the geographic description relies on prior native title application boundaries, the Western Australian Land Information Authority’s Spatial Cadastral Database (as at 29 October 2012), and geodetic and maritime data (Schedule 2 notes). Accuracy and legal clarity of the mapped area depend on those external data sources and the referenced native title application identifiers. This is an implementation risk for anyone requiring precise boundary delineation.\n- Interaction with native title processes: the Preamble frames the recognition as part of settling native title claims (Preamble F), and Schedule 2 references specific native title application numbers. However, the Act itself disclaims creating or affecting legal rights (s.6). Mechanically, the statute provides statutory recognition while reserving that it does not alter legal rights or interpretations (s.6(d)).\n\nEffects on private choice, markets and legal certainty:\n\n- Private businesses and individuals do not receive new statutory rights or obligations from this Act. Section 6(d) prevents changes to interpretation of State law, which limits the Act’s effect on regulatory regimes and private contracts.\n- The principal practical effect is symbolic and declaratory: Parliament’s formal acknowledgement and the recording of the Noongar statement (s.5; Schedule 1). That may influence public and administrative behaviour in non‑legal ways, but the Act does not itself change legal entitlements.\n\nConcentrated benefits and diffuse costs (source-grounded):\n\n- Concentrated benefit: the Noongar people receive formal statutory recognition and a place in the statute of their recognition statement (s.5; Schedule 1).\n- Diffuse costs: the Act text contains no explicit costs to other parties. Any costs related to a distinct settlement package mentioned in the Preamble would need separate, explicit legislative or contractual instruments; they are not specified here.\n\nIn short: mechanically the Act records and maps a statutory recognition of the Noongar people as traditional owners of a defined area, provides a formal acknowledgement and publishes the Noongar recognition statement, but it does not create legal interests, affect civil proceedings or change interpretation of State law (s.3–6; Schedules 1–3; Preamble F)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of symbolic recognition as part of the broader Noongar settlement. The scope has not expanded beyond the original intent to provide formal acknowledgment without creating legal rights or interests."},"complexity_factors":["Very short statute (only 6 operative sections plus schedules)","Minimal defined terms (only 'Noongar lands' is formally defined)","No cross-references to other legislation except incidental mention of Native Title Act 1993","Simple declarative structure with no conditional logic or exceptions","Geographic description in Schedule 2 uses technical surveying language but follows a single linear path","Explicit limitation clause (s. 6) is straightforward and absolute rather than conditional","Preamble and Schedule 1 are narrative/descriptive rather than operative legal text"],"plain_english_summary":"**What this law does:**\n\nThis Act is a formal statement by the Western Australian Parliament that recognises the Noongar people as the **traditional owners** (the original Indigenous custodians) of lands in the south-west of Western Australia.\n\n**Key points:**\n\n- **Symbolic recognition only**: The Act acknowledges the Noongar people's ancient and continuing connection to their country (called \"Noongar boodja\"), including their cultural, spiritual, and social relationship with the land. It also recognises their ongoing contribution to Western Australia's heritage and economy.\n\n- **No legal rights created**: Importantly, **this law does not create any legal rights**. Section 6 explicitly states that the Act does not:\n  - Create property rights or ownership interests\n  - Allow anyone to sue or make legal claims based on this recognition\n  - Affect how other laws are interpreted\n  - Give anyone the right to challenge government decisions\n\n- **Part of a bigger settlement**: This recognition is one component of a comprehensive settlement package that resolved all native title claims (legal claims about Indigenous land rights) by the Noongar people across south-west Western Australia.\n\n- **Defines the area**: The Act maps out exactly which lands are covered—roughly the south-west corner of WA from Geraldton to Cape Arid, excluding certain areas already subject to other claims.\n\n- **Includes the Noongar voice**: Schedule 1 contains a powerful statement *by* the Noongar people themselves, written in both Noongar language and English, describing their unbroken connection to country.\n\n**Why it matters:**\n\nThis is **symbolic legislation**—it doesn't change who owns what or give new legal powers, but it places on the public record an official acknowledgment of Noongar sovereignty and continuity. It represents a formal reconciliation moment between the State and the Noongar nation, while being carefully designed not to interfere with existing property laws or government operations."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Without access to the full legislative text, it is not possible to determine whether the scope of the Act changed from its original intent. The Act's title and purpose appear consistent with a formal recognition instrument for the Noongar people, but no amendments or scope changes can be confirmed from the available information."},"complexity_factors":["The full legislative text is unavailable, preventing complete analysis","Legislation involving Aboriginal recognition and native title exists within a complex constitutional and legal framework","Bilingual title (Noongar language and English) suggests cultural specificity that may require contextual understanding","Recognition Acts can interact with Commonwealth native title legislation, adding a layer of jurisdictional complexity","Limited scope assessment possible without the actual text"],"plain_english_summary":"## Noongar Recognition Act 2016 (WA)\n\n**What this law is about:**\nThis is a Western Australian Act that formally recognises the Noongar people — the Aboriginal custodians of the south-west corner of Western Australia — as the traditional owners of their country.\n\n**Who are the Noongar people?**\nThe Noongar are one of Australia's largest Aboriginal groups, with deep cultural, spiritual, and historical connections to the south-west of WA, including the Perth metropolitan area.\n\n**What does the Act do?**\nThe title itself tells the story — *Koorah* (Past), *Nitja* (Present), *Boordahwan* (Future) — reflecting recognition across time:\n- It formally **acknowledges** the Noongar people's past, present, and future connection to their land\n- It provides **symbolic and legal recognition** of the Noongar as a distinct group with a continuing relationship to their country\n\n**Why does it matter?**\nThis kind of recognition legislation is significant for Aboriginal communities because it gives legal weight to their identity and connection to country. It can support broader native title (legal recognition of Aboriginal peoples' rights to land under their own laws and customs) negotiations and cultural preservation efforts.\n\n**Important caveat:**\nThe actual text of this legislation is currently unavailable through the official Western Australian Parliamentary Counsel's website, which limits the depth of analysis possible. The specific legal rights, obligations, or mechanisms created by the Act cannot be fully confirmed from the available source material."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/noongar-koorah-nitja-boordahwan-past-present-future-recognition-act-2016","history":"/api/acts/noongar-koorah-nitja-boordahwan-past-present-future-recognition-act-2016/history","analysis":"/api/acts/noongar-koorah-nitja-boordahwan-past-present-future-recognition-act-2016/analysis","conflicts":"/api/acts/noongar-koorah-nitja-boordahwan-past-present-future-recognition-act-2016/conflicts","importantCases":"/api/acts/noongar-koorah-nitja-boordahwan-past-present-future-recognition-act-2016/important-cases","documents":"/api/acts/noongar-koorah-nitja-boordahwan-past-present-future-recognition-act-2016/documents"}}