Land Administration (South West Native Title Settlement) Act 2016

This Act organises around a small set of recurring legal concepts. Each concept is defined or given effect through cross‑reference to the settlement terms, the LAA, or other named statutes in the Act.

• Land Base Strategy. Defined by reference to the settlement terms (s 3). The strategy is the blueprint the State must implement to establish the Noongar Land Estate, including allocations of freehold, leasehold and reserved land (Purposes; cl 4 of the Preamble). The Act empowers the Minister to do anything necessary or convenient for implementing that strategy (s 10).

• Settlement ILUA and settlement terms. The settlement ILUAs are the ILUAs executed by the State on 8 June 2015 (s 3). The detailed licence terms, Land Base Strategy and Trust/Trust Deed arrangements sit in the settlement terms (the “South West Settlement Terms”, Schedule 10 to a settlement ILUA) and Annexure O. The Act repeatedly refers to these external documents for substantive contents of licences (s 14(1)) and for what constitutes permissible licence amendments (s 15(1)).

• Land access licence. A statutory species of licence created by operation of Part 4 and defined as a licence in force under LAA s 91 because of Part 4 (s 3). The Minister must grant licences to Regional Corporations in accordance with settlement terms clause 13.1(b) or (d) (s 13(1)), and those licences are taken to be licences under LAA s 91(1) (s 13(3)). However, several provisions of the LAA that would otherwise apply are explicitly disapplied in relation to these licences (ss 13(2), 14(2), 15(2), 16(2)).

• Licence Area and Licensee cohorts. Licence Area, Licensee, Licensee’s Members, Licensee’s Agents and other licence descriptors are defined in Annexure O by cross‑reference (s 3). The Act treats Licensees and their Members/Agents as entering and using licence areas “entirely at their own risk” (s 23) and excludes Part 4 acts from being regarded as Crown acts or evidence that the Crown is an occupier (ss 22, 24).

• Noongar Land Estate, Trust, Trust Deed, Land Sub, Regional Corporation, management order. These landholding and governance structures are created or implemented pursuant to the Land Base Strategy and settlement terms. The Act enables conveying freehold to the Trust or Land Sub, making management orders under the LAA, and granting leases , all as required by the Land Base Strategy (Purposes; ss 10, 13). “Management order” is the LAA term for an LAA s 46(1) order placing a reserve under the care, control and management of the Land Sub (s 3).

• Legal interaction markers with other statutes. The Act specifies its relationship to: the LAA (s 9), the Government Agreements Act 1979 (s 7 disapplies it for settlement ILUAs and related instruments), the Duties Act 2008 (transfer duty exemption s 11), the Property Law Act 1969 (s 20 clarifies that licences are not “property”), the Civil Liability Act 2002 (s 25 references s 5B(1)(a)), the Occupiers’ Liability Act 1985 (s 24), and the Interpretation Act 1984 (s 21(2) applies s 42(2)-(3) to licence amendments).

The Act’s central structural move is to implement detailed, bespoke outcomes described in the settlement terms and to make those outcomes statutorily effective by overriding or qualifying parts of the LAA and related statutory regimes. The Act therefore functions in large measure as enabling and clarifying legislation for the settlement ILUAs and the Land Base Strategy, rather than as a freestanding prescriptive code.

Named parties and categories of affected persons appear throughout the Act. The principal groups directly affected are:

• The Noongar people, as beneficiaries of the settlement. The Preamble and the Purposes state the Act implements benefits to the Noongar people, including allocation of land and licences for Aboriginal Customary Purposes. The specific beneficiary structures , the Trust, Trust Deed, Regional Corporations and the Noongar Land Estate , are created and defined in the settlement terms referenced by the Act (Preamble; s 3; Purposes).

• Regional Corporations. The Minister must grant land access licences to a Regional Corporation in accordance with the settlement terms clause 13.1(b) or (d) (s 13(1)). “Regional Corporation” is an appointed corporate entity under the Trust Deed and includes any replacement appointed under the Trust Deed clause 4 (s 3). These entities are therefore the statutory licensees and direct recipients of the licence‑estate rights.

• The State and the Minister for Lands. The State acts as the grantor and implementer of the Land Base Strategy. The Minister for Lands is the central decision‑maker, given “all the functions and powers necessary or convenient for the purposes of this Act” (s 8(1)) and express authority to do anything necessary or convenient to implement the Land Base Strategy, including acts the LAA would not permit (s 10(1)-(2)). The Act binds the State (s 6).

• The Trust, the Land Sub and Trust Deed parties. The Land Base Strategy contemplates conveyance of fee simple, creation of reserves, management orders and leasehold interests, to be held on trust for the Noongar people (Preamble; Purposes). The Trust and the Land Sub (defined in the settlement terms and cross‑referenced in s 3) are the immediate legal owners or managers of the interests created under the Land Base Strategy.

• Licensee’s Members and Licensee’s Agents. These cohorts are defined in Annexure O (s 3) and are expressly covered by the “enter at your own risk” rule in s 23. The Act gives the licence holders broad access rights but also places legal risk on those entering the land under the licence.

• Holders or creators of other rights in Crown land. The Act provides that the existence of a land access licence does not prevent the creation, grant or exercise of other interests, rights or powers under any written law (s 19) and that licences do not make land cease to be unallocated Crown land (s 18). Those who create or exercise other interests must therefore proceed with knowledge that statutory licences may coexist.

• Government agencies, regulators and Parliament. The Act alters statutory relationships (for example, disapplying the Government Agreements Act 1979 from settlement ILUAs in s 7) and creates a parliamentary oversight mechanism for licence amendments by requiring tabling and providing for disallowance (s 21). Ministers, departments and the Governor (via regulation‑making power in s 26) are therefore operational actors.

Indirectly affected groups include private parties contracting for land interests, insurers, local governments and third parties with operational or commercial dealings in the affected areas. The Act creates legal status and limitations (for example, that licences are not “property” under the Property Law Act 1969 (s 20)) that will influence third‑party dealings, insurance and allocation of risk, but the Act does not itself create express regulatory obligations or civil penalties for those third parties.

Finally, Parliament is an explicit actor with oversight over licence amendments (s 21), and the Act requires Ministers to notify licensees if an amendment is disallowed or not laid in compliance with s 21(4). Those mechanisms affect administrative timelines and rights of recourse for both the State and licence holders.

The Act sets out a mix of obligatory duties on the Minister and entitlements for specified parties. Key duties, powers and rights follow directly from the text.

Duties and powers of the Minister for Lands

• Granting licences. The Minister must grant to a Regional Corporation a land access licence in accordance with the settlement terms clause 13.1(b) or (d) (s 13(1)). The duty is framed as mandatory , “must grant” , subject to the settlement terms.

• Implementing the Land Base Strategy. The Minister may “do anything that is necessary or convenient” for implementing the Land Base Strategy (s 10(1)). That is a broad power coupled with an express statement that it applies even if the LAA does not authorise, or expressly or impliedly prohibits, the thing being done (s 10(2)). The Minister therefore has a wide statutory discretion to act to implement the settlement.

• Parliamentary tabling. For licence amendments, the Minister must cause the amendment to be laid before each House of Parliament within 12 sitting days of the day on which the amendment takes effect (s 21(1)) and must notify the licensee if a licence amendment is disallowed or not properly laid (s 21(4)).

Rights and constraints attaching to licences

• Terms fixed by settlement terms. The terms and conditions of any land access licence are those set out in Annexure O to the settlement terms, and those terms can be amended only in accordance with the settlement terms (s 14(1); s 15(1)). The Act therefore delegates the substantive content of licences to the settlement documents.

• Coexistence with other rights. LAA does not prevent a licence coexisting with other rights referred to in LAA s 91(5), and approvals under s 91(5) are not required for such coexistence (s 17). This creates a statutory right for the licensee to occupy and exercise customary activities while other interests may also exist.

• No property status. A land access licence is not “property” for the purposes of the Property Law Act 1969 (s 20). That has legal consequences for third‑party enforceability, proprietary remedies, charging against property and treatment in insolvency.

• Licence continuity, amendment and termination. A licence can only be amended or terminated in accordance with its terms and the settlement terms (ss 15(1), 16(1)). The Act disapplies certain LAA processes that would otherwise apply to licences (ss 13(2), 14(2), 15(2), 16(2)). If a licence amendment is disallowed by Parliament or not laid properly, the previous licence revives (s 21(3)).

Risk allocation and liability

• Entry at licensee risk. Licensees, their members and agents enter and use the Licence Area entirely at their own risk (s 23). That statutory allocation shifts potential claims for harm away from the State.

• Not Crown acts nor evidence of occupier status. Acts done under Part 4 or under a land access licence are not to be taken as acts of the Crown for LAA s 264(2)(a) purposes (s 22), nor to be taken into account in determining if the Crown is an occupier under the Occupiers’ Liability Act 1985 or at common law (s 24). Similarly, Part 4 is not to be taken into account when determining foreseeability of risk under the Civil Liability Act 2002 s 5B(1)(a) (s 25). These provisions constrain grounds on which liability might otherwise be imputed to the State.

Fiscal and transactional rights

• Transfer duty exemption. No transfer duty is payable under the Duties Act 2008 Chapter 2 for transfers or leases of land in accordance with the Land Base Strategy to the Trust or the Land Sub (s 11). This is a fiscal concession that affects the cost of conveyancing under the strategy.

Compensation framework

• Where a management order is revoked in circumstances described in the Land Base Strategy clause 4(b), provision of alternative reserve land or compensation under the Land Base Strategy is additional to any compensation payable under specified LAA sections (s 12(2)), and LAA s 204(2) does not apply to that revocation (s 12(3)). The Act therefore modifies compensation mechanics in those anticipated scenarios.

Interaction duties

• The Act binds the Crown (s 6) but simultaneously disapplies the Government Agreements Act 1979 to settlement ILUAs and related instruments (s 7). The Minister has those broad functions and powers in s 8, and the Act expressly prevails over inconsistent LAA provisions (s 9(1)).

In short, the Minister is obliged to implement the Land Base Strategy and to grant licences per settlement terms, licensees receive statutory access and limited co‑existence protections but limited proprietary status, and the State retains statutory protections from being treated as the actor or occupier for many civil liability purposes.

The Act contains very few direct penal sanctions. Its enforcement and remedial architecture is primarily administrative, statutory and mechanical rather than criminal.

Absence of express offences and fines

• The Act does not create criminal offences, monetary penalties or civil fines for non‑compliance with most of its substantive provisions. There are no express penalty clauses attached to failure to comply with licence terms, the Land Base Strategy or particular duties imposed on third parties within the text of the Act. The text confines itself to conferring powers, allocating rights, disapplying other statutory provisions and specifying procedural obligations (for example, tabling of licence amendments). That absence means enforcement will generally proceed through civil, administrative or contractual mechanisms rather than through typical regulatory penalty regimes.

Administrative check: parliamentary disallowance

• Licence amendments are subject to parliamentary scrutiny. The Minister must cause an amendment to be laid before both Houses of Parliament within 12 sitting days of the day it takes effect (s 21(1)). The Interpretation Act 1984 s 42(2) and (3) apply to licence amendments as if they were regulations (s 21(2)). If a licence amendment is disallowed or not properly laid, the prior licence revives, and the Minister must notify the holder (s 21(3)-(4)). This creates a statutory enforcement mechanism by which Parliament can disallow executive changes to licences, with automatic remedial consequence on disallowance: revival of the previous licence state (s 21(3)).

Ministerial power and administrative remedies

• The Minister’s broad power to do “anything necessary or convenient” to implement the Land Base Strategy (s 10) is an instrument for achieving statutory outcomes and resolving non‑conformity by taking authorised actions. Where the Minister acts, the Act declares that those acts may be done notwithstanding the LAA would otherwise not authorise them (s 10(2)). Administrative remedies therefore centre on the exercise of Ministerial power and parliamentary oversight rather than on penalties applied to private parties.

Civil liability constraints

• The Act reduces or constrains certain civil liabilities. It provides that nothing done under Part 4, or under a land access licence, is to be taken to be an act of the Crown for the purposes of LAA s 264(2)(a) (s 22). It also states that entry and use by licensees and associated persons is entirely at their own risk (s 23), and that Part 4 should not be taken into account for determining whether the Crown is an occupier (s 24) or whether a risk was foreseeable for Civil Liability Act s 5B(1)(a) purposes (s 25). These provisions do not themselves impose penalties, but they substantially change the legal tests and presumptions available to litigants and can significantly affect the prospects of liability claims against the State.

Statutory non‑application and consequences

• The Act disapplies and modifies procedural components of the LAA that otherwise would have applied to licences (ss 13(2), 14(2), 15(2), 16(2)), while expressly prevailing over inconsistent LAA provisions (s 9(1)). Enforcement of LAA‑based processes against licences is therefore limited to the extent authorised by or consistent with this Act.

Regulation‑making power

• The Governor may make regulations prescribing matters required or convenient for giving effect to the Act (s 26). Regulations could create offences or administrative sanctions in future, because the regulation‑making power covers matters “required or permitted to be prescribed” as well as “necessary or convenient” , but the Act itself contains no specification of penal provisions.

Implication for affected parties

• Practitioners should note that enforcement remedies will primarily be available through: (a) administrative processes (Ministerial action and parliamentary disallowance); (b) ordinary civil litigation where causes of action exist outside the specific carve‑outs (subject to ss 22-25); and (c) contract or trust law where the settlement terms and Trust Deed establish obligations. The Act’s carve‑outs narrow the pathways for claims against the State, and the parliamentary disallowance regime acts as a non‑judicial check on licence changes.

The Act is structured to operate in conjunction with, and in some respects to displace, particular provisions of other Western Australian statutes and the Commonwealth Native Title Act insofar as the settlement ILUAs are federal instruments. The Act’s interaction points are explicit.

Relationship with the Land Administration Act 1997 (LAA)

• Prevailence. The Act provides that if there is an inconsistency between this Act and the LAA, this Act prevails to the extent of the inconsistency (s 9(1)). That is a direct conflict‑resolution rule.

• Specific disapplications. The Act disapplies particular LAA provisions in relation to licences. For example, LAA s 48(1) does not apply to the grant of a licence under s 13(2), and several subsections of LAA s 91 are disapplied in relation to land access licences (ss 14(2), 15(2), 16(2)). The Act also inserts a note into the LAA to flag that s 91’s operation is affected by this Act (ss 27-28). These changes mean the statutory licensing procedure under the LAA is overridden where the Act so specifies.

• Management orders and compensation. The Act modifies compensation mechanics where a management order is revoked in circumstances described in the Land Base Strategy clause 4(b). Compensation or provision of alternative reserve land under the Land Base Strategy is declared to be in addition to compensation payable under LAA ss 51AA(3) or 204(1), and LAA s 204(2) does not apply (s 12). That requires practitioners to look to both the LAA and the Land Base Strategy for the compensation tapestry.

Land Administration Regulations 1998

• The Act declares that Land Administration Regulations 1998 regs 4 and 12 do not apply in relation to any conveyance or transfer of the fee simple in Crown land for implementing the Land Base Strategy (s 9(2)). This removes procedural regulatory constraints that would otherwise affect fee simple transfers performed under the Land Base Strategy.

Government Agreements Act 1979

• The Act states explicitly that the Government Agreements Act 1979 does not apply to or in relation to any settlement ILUA, any variation, or any instrument made for the purposes of a settlement ILUA or its implementation (s 7). That removes the operation of that Act’s procedural (and possibly disclosure) requirements from the settlement documentation and related instruments.

Commonwealth Native Title Act 1993 and settlement ILUAs

• The Preamble records the State’s entry into settlement ILUAs executed on 8 June 2015 (s 3 definition) and use of those ILUAs and their settlement terms as the operative substantive instruments that the Act gives statutory effect to. While the Act itself does not restate native title law, it implements state actions to give effect to those ILUAs. Clause 17 of each settlement ILUA (not in this Act text) provides for publication on ATNS and State websites; the Act thereby ties its substantive content to those external instruments.

Property Law Act 1969 and property status

• The Act states a land access licence is not “property” for the purposes of the Property Law Act 1969 (s 20). That interacts with a raft of property law principles: licences under Part 4 will not attract property‑based remedies under the Property Law Act, and equitable proprietary remedies, charging and proprietary priority rules under that Act will not treat a licence as a proprietary interest. It also affects commercial transmission and insolvency analysis for licensees.

Civil liability and occupiers’ liability statutes

• The Act constrains the use of Part 4 actions as evidence of Crown acts or occupier status: s 22 says nothing done under Part 4 is to be taken to be an act of the Crown for LAA s 264(2)(a) purposes; s 24 says nothing done under Part 4 is to be taken into account in determining whether the Crown is an occupier under the Occupiers’ Liability Act 1985, under common law or otherwise; and s 25 says nothing done under Part 4 is to be taken into account in deciding whether a risk was foreseeable for Civil Liability Act 2002 s 5B(1)(a). Those are direct statutory limits on the evidentiary and legal relevance of Part 4 conduct when advancing civil claims against the State.

Duties Act 2008

• Transfer duty exemption. Transfers or leases of land effected in accordance with the Land Base Strategy to the Trust or the Land Sub are exempt from transfer duty under the Duties Act 2008 Chapter 2 (s 11). That is a fiscal interaction that reduces transaction costs for the State/Trust transactions contemplated.

Interpretation Act 1984

• Licence amendments are treated as if they were regulations for certain procedural disallowance purposes: the Interpretation Act s 42(2)-(3) apply to licence amendments (s 21(2)). That means licence amendments trigger the same tabling and disallowance mechanics as subordinate legislation, placing them within parliamentary scrutiny processes.

Regulation‑making

• The Governor may make regulations prescribing matters required or convenient to give effect to this Act (s 26). Future regulations could, within the power given, modify the detail of implementation and interact further with the statutory network above.

Net effect

• The Act is explicitly drafted to be a piece of enabling Parliamentarian legislation that gives legal force to the Land Base Strategy and the settlement ILUAs, while carving out and tailoring certain interactions with the LAA, regulations, and other statutes. Practitioners implementing or advising on transactions under the Land Base Strategy must therefore read the Act together with the settlement terms, the LAA, and the identified statutes to fully understand rights, duties and procedural steps.

The Act contains internal notes and the compilation table that record amendments and commencement dates. The compilation table in the text provides the legislative milestones.

Original enactment and commencement

• The Land Administration (South West Native Title Settlement) Act 2016 (No. 10 of 2016) received assent on 16 May 2016 and came into operation in two stages: sections 1 and 2 upon assent (16 May 2016), and the remainder of the Act on a day fixed by proclamation , the Gazette indicates commencement of the rest on 6 June 2016 (s 2 and compilation table).

Subsequent amendment

• The Act was amended by the Land and Public Works Legislation Amendment Act 2023 (No. 4 of 2023), Pt 4 Div 6. That amending Act received assent on 24 March 2023, and the relevant amendment(s) to this Act commenced 10 August 2023, as recorded in the compilation table and the SL 2023/132 commencement (compilation table entry).

• The text records a specific amendment note: s 12 was amended by No. 4 of 2023 s 125 (see note after s 12: “[Section 12 amended: No. 4 of 2023 s. 125.]”). That indicates that the 2023 amending Act altered s 12's text with respect to compensation for revocation of management orders. The Act’s compilation table summarises the short title, number and year, assent date and commencement dates, including the 2023 amendment.

Consequential amendments to the LAA

• Part 6 of the Act amends the Land Administration Act 1997: s 28 adds a subsection after s 91(6) stating “The operation of this section is affected by the Land Administration (South West Native Title Settlement) Act 2016 Part 4.” This is a legislative cross‑reference noting the interaction and the practical effect of Part 4 on s 91 operation.

Practical consequence of the amendment history

• The 2023 amendment to s 12 modifies the compensation rules in defined circumstances; practitioners advising on revocation of management orders, compensation claims and alternative reserve provisions must consult the post‑2023 text of s 12 and the Land Base Strategy clause 4(b). The compilation table further shows that the Act has the potential to be amended by later legislation and that such amendments have been made.

Limitations of the record within the Act text

• The Act text includes the compilation table and the single 2023 amendment note but does not show the consolidated history of every historical drafting iteration beyond what is recorded. Because many substantive elements of the regime are contained in the settlement terms and the settlement ILUAs (external documents), amendment of those external documents may occur under the governance they contain; the Act flags that such settlement ILUAs and their variations are published on ATNS and on State websites (s 3 note), but does not itself provide a public register mechanism for variations beyond tabling obligations for licence amendments (s 21).

For compliance and advisory purposes, practitioners should therefore consult: (a) the current consolidated text of the Act (including the 2023 amendment); (b) the Land Base Strategy and the settlement terms (Schedule 10 and Annexure O of the relevant settlement ILUA); and (c) the amending instrument (Land and Public Works Legislation Amendment Act 2023) to see the precise textual changes effected to s 12 and any consequential provisions.

The statute as provided does not include or refer to any litigation history. It contains no references to judicial decisions, no reported cases, and no recorded legal challenges within the text. Accordingly, from the standpoint of this Act’s text and accompanying notes:

• There are no cases cited in the Act; the Act does not record any judicial interpretation or appellate decision about its provisions.

• The Act’s recorded amendment history (compilation table) lists a 2023 amendment but does not indicate any judicial review, declaratory relief, injunctions or litigation connected to its operation.

Implications of absence of recorded litigation

• Absence of litigation in the statutory text does not mean litigation has not occurred in practice; it means the Act itself contains no internal record of litigation. Practitioners should not assume settled judicial interpretation of the Act’s novel or ambiguous provisions. The Act’s many delegations to external settlement documents (settlement terms and Annexure O), its express overrides of parts of the LAA and regulations, and its provisions narrowing liability and property status (for example, ss 20, 22-25) are topics likely to attract legal argument in any dispute. In the absence of reported decisions, parties will have to rely on statutory text, the settlement terms, administrative record and general principles of statutory interpretation and administrative law.

• Particular potential litigation flashpoints include: (a) the scope and exercise of the Minister’s “necessary or convenient” power in s 10; (b) the legal effect of a licence not being “property” (s 20) in dealings with creditors, successors or third parties; (c) the interface between co‑existing rights on Crown land (ss 17-19) and the legal remedies available to each rights holder; (d) compensation entitlements on revocation of management orders, especially in light of the amendment to s 12; and (e) claims against the State where the Act attempts to exclude or narrow civil liability (ss 22, 24-25) , for example, whether statutory paragraphs exclude tortious liability in particular fact patterns. Courts may be asked to construe these provisions should disputes arise.

Recommended approach in the absence of judicial guidance

• Because the Act confers broad executive powers and relies on external settlement instruments, parties should preserve administrative records, contemporaneous decision‑making documentation and settlement ILUA materials. When advising clients on risk, counsel should identify uncertainties where litigation could generate binding authority and where administrative processes (for example, parliamentary disallowance of licence amendments under s 21) may create non‑judicial remedies.

• Counsel should also monitor whether regulations under s 26 or subsequent legislative amendments introduce more prescriptive enforcement measures or clarify compensatory mechanics that would reduce legal uncertainty.

This Act contains a number of features that are easy to miss but have concrete legal and commercial effects. The following list highlights those traps and describes the legal mechanism behind each.

Licence terms are external and can only be changed in limited ways

• The substantive terms and conditions of land access licences are not set out in the Act; they are set out in Annexure O to the settlement terms and are included by reference (s 14(1)). Licence amendments are permitted only in accordance with the settlement terms (s 15(1)). That means practitioners must obtain and scrutinise Annexure O and the settlement terms to know the rights and obligations the licence actually creates. Treat the Act as an enabling shell: the operative detail is external.

Licence status is not “property”

• Section 20 makes a land access licence not “property” for the purposes of the Property Law Act 1969. That has multiple downstream effects: a licence may not be treated as an asset able to be charged against, transferred as proprietary title, or relied upon to create third‑party proprietary rights under the Property Law Act. For third parties (creditors, potential purchasers) the licence will not appear as a proprietary encumbrance on the land, and licensees may have no proprietary priority if their rights conflict with other interests. Do not assume a licence confers proprietary security.

Coexistence and subordinate effect of licences

• The Act provides that licences can coexist simultaneously with other rights on the same Crown land and that approvals in LAA s 91(5) are not required (s 17), while s 19 provides that the creation or exercise of other interests is not affected by the existence of a licence. In practice, this can mean private parties can be granted or exercise interests that operate alongside licences. The practical effect is that licence holders’ access may be subject to pre‑existing or subsequently created rights; the Act places no statutory primacy on licences over other interests.

Land remains unallocated Crown land

• Section 18 states that land does not cease to be unallocated Crown land because of the existence of a land access licence. For land‑use planning and tenure analysis, licence existence does not change the underlying tenure classification. That affects rates, planning obligations and land management frameworks that depend on tenure status.

Parliamentary disallowance revives previous licence state

• Licence amendments take effect but must be laid before Parliament within 12 sitting days (s 21(1)). If disallowed or not laid correctly, the previous licence revives as at the day of disallowance or the day after the deadline (s 21(3)). The revival mechanism is automatic and retroactive in effect as written. Practically, an amendment can take immediate operational effect but can be reversed by Parliament, producing transactional uncertainty for both the State and the licence holder.

Minimal State liability but no explicit indemnities

• The Act shifts civil risk onto licensees (s 23), and constrains imputing Crown acts or occupier status from Part 4 activities (ss 22, 24-25). However, the Act does not itself create contractual indemnities, insurance obligations or express compensation schemes for third‑party losses resulting from licensee activities. Parties should not assume the State will pay for liabilities the licence holder incurs; conversely, absence of a statutory State liability does not mean the State is indemnified in all circumstances.

Disapplication of other statutes and regulations

• The Act disapplies the Government Agreements Act 1979 for settlement ILUAs and related instruments (s 7) and removes certain Land Administration Regulations from applying to fee simple transfers under the Land Base Strategy (s 9(2)). This can affect disclosure, approval and procedure expectations that third parties may have when dealing with these lands and instruments.

Transfer duty exemption limited to specific transfers

• Section 11 exempts transfer duty under the Duties Act Chapter 2 for transfers or leases to the Trust or the Land Sub in accordance with the Land Base Strategy. The exemption is transaction‑specific; advisers should not assume a broad tax exemption for every transfer connected to the Land Base Strategy. The precise parties and the requirement that the conveyance be “in accordance with the Land Base Strategy” must be satisfied for the exemption to apply.

Ministerial discretion is broad

• The Minister’s power to do “anything necessary or convenient” is deliberately wide (s 10(1)). The Act expressly contemplates actions that the LAA might otherwise not authorise (s 10(2)). The breadth should be treated as a source of potential administrative risk and litigation over scope if the Minister’s actions are contested.

Compensation complexity on revocation of management orders

• Section 12 modifies compensation rules where management orders are revoked in circumstances described in the Land Base Strategy clause 4(b), making provision of alternative land or compensation under the Land Base Strategy additional to compensation under LAA ss 51AA(3) or 204(1) and disapplying LAA s 204(2) for those revocations. Advisers handling claims must look to both the Land Base Strategy and LAA provisions to map entitlements; the post‑2023 amendment changes the pre‑amendment calculus and must be checked.

Interpretation Act treatment of licence amendments

• Licence amendments are treated for disallowance purposes as if they were regulations (s 21(2)) under the Interpretation Act 1984 s 42(2)-(3). That procedural label draws the amendments into a particular parliamentary timeline and consequences. Mistakes in tabling or notification can revive prior licence terms automatically (s 21(3)), so procedural compliance matters.

In sum, the “gotchas” mainly arise from (a) externalisation of substantive licence text to settlement documents; (b) the non‑proprietary legal status of licences; (c) parliamentary revival mechanics for amendments; (d) the Act’s purposeful narrowing of State liability; and (e) the Act’s modification or disapplication of other statutory processes. Each requires explicit mitigation in transaction documents, insurance arrangements, and administrative process controls.

Compliance under this Act splits into two broad streams: (A) obligations and operational steps for the State (primarily the Minister for Lands and civil servants acting for the State), and (B) practical compliance and risk management steps for Regional Corporations, Licensees, and third parties who interact with lands or licences.

A. Steps for the Minister, State agencies and implementing bodies

1. Implementation planning under the Land Base Strategy

   • Ensure a documented implementation plan that identifies which parcels are to be conveyed, reserved or leased under the Land Base Strategy, consistent with the settlement terms (Purposes; s 10). Because s 10 authorises actions even where the LAA does not, maintain legal records justifying the exercise of that power (statutory basis, legal advice and approvals).

2. Conveyancing and transfer duty protocol

   • Where transfers or leases are in accordance with the Land Base Strategy to the Trust or the Land Sub, document and declare the transaction as such to claim the transfer duty exemption under s 11. Retain the settlement terms and any internal approvals demonstrating compliance with the Land Base Strategy to support the exemption.

3. Management order revocation and compensation

   • If a management order revocation is contemplated under Land Base Strategy clause 4(b), follow the compensation framework set out in both the Land Base Strategy and the LAA (s 12). Ensure that records specify the Land Base Strategy clause basis for the revocation and any alternative land or compensation provided, since s 12(2) makes that provision additional to LAA compensation.

4. Licence grant and documentation

   • Grants of land access licences to Regional Corporations must comply with settlement terms clause 13.1(b) or (d) (s 13(1)). Prepare licence instruments using the terms specified in Annexure O and record the legal basis under s 13(3) that the licence is taken to be a licence under LAA s 91(1).

5. Parliamentary tabling and disallowance compliance

   • For every licence amendment (as defined, but excluding Licence Area changes caused by specified settlement terms clauses), ensure the amendment is laid before both Houses within 12 sitting days of taking effect (s 21(1)). Apply Interpretation Act s 42(2)-(3) procedures to ensure proper tabling, and maintain a compliance calendar for tabling deadlines. If a licence amendment is disallowed or not laid properly, restore the prior licence state and notify the licence holder promptly (s 21(3)-(4)).

6. Interagency coordination and record keeping

   • Because the Government Agreements Act 1979 does not apply to settlement ILUAs and related instruments (s 7), ensure internal transparency and record‑keeping substitutes for any external oversight that statute would otherwise have required. Maintain accessible copies of the settlement ILUAs and the published Annexure O (as the Act notes that clause 17 of each settlement ILUA provides for publication on ATNS) to support audit and public interface.

7. Risk allocation and indemnity policies

   • The Act narrows State liability but does not eliminate all claims. Consider contractual indemnities, insurance arrangements, and fund allocations for potential third‑party claims arising from licence activities , bearing in mind s 23 shifts risk to licensees but third parties may still pursue other legal theories outside the scope of ss 22, 24-25.

B. Steps for Regional Corporations, Licensees, Licensee’s Members and Agents

1. Obtain and review Annexure O and settlement terms

   • The licence’s operative terms are in Annexure O. Before exercising access rights, obtain the current Annexure O and any settlement‑term amendments permitted under the settlement ILUA. Confirm any conditions precedent or ongoing reporting or environmental requirements specified therein (s 14(1); s 15(1)).

2. Insurance and risk management

   • Because licensees, members and agents enter at their own risk (s 23) and the Act limits treating Part 4 acts as evidence of occupier status or foreseeability (ss 24-25), licensees should procure comprehensive public liability, employer liability and activity‑specific insurance and establish operational safety procedures. Negotiate indemnities where possible in ancillary agreements.

3. Monitor licence amendments and parliamentary process

   • Licence amendments can take effect under the settlement terms but are subject to parliamentary tabling and potential disallowance (s 21). Maintain awareness of any amendment that is laid, and prepare contingency plans in case of disallowance and revival of prior terms under s 21(3).

4. Contracting and third‑party dealings

   • Recognise that licences are not property under the Property Law Act 1969 (s 20). Do not contract or rely on proprietary claims to the licence without clear contractual protections. If engaging third parties who require security or rights over access, consider contractually documented rights, rather than attempting to rely on proprietary remedies.

5. Coexistence with other rights

   • Licence holders should map existing and proposed third‑party interests because the Act allows coexistence and displaces the need for approvals that LAA s 91(5) would otherwise require (s 17). Operational plans should include coordination with holders of other interests to manage access conflicts, scheduling and land‑use compatibility.

6. Planning and tenure considerations

   • Keep records demonstrating that licences do not change the land’s tenure status (s 18). Be prepared to liaise with planning authorities, local governments, and statutory agencies that may treat land as unallocated Crown land despite licence activities.

C. Steps for third parties (buyers, lenders, creditors, developers)

1. Due diligence on licences and settlement instruments

   • When acquiring interests in affected land or lending against interests, perform due diligence on the settlement terms and existing licences. Do not rely on a licence being a proprietary encumbrance; a licence will not be “property” under the Property Law Act 1969 (s 20).

2. Contractual risk allocation

   • If commercial arrangements depend on uninterrupted licence access, secure express contractual commitments from the licence holder or the State where possible, and address the risk of licence amendment and parliamentary disallowance in transaction documents.

3. Seek specific warranties and indemnities

   • Because the statutory framework may not afford third parties proprietary protection, negotiate contractual warranties and indemnities from licence holders to protect performance, enforceability and third‑party loss allocation.

Administrative best practice

• Maintain contemporaneous legal advice memoranda supporting the State’s exercise of powers under s 10, and maintain an auditable paper trail for conveyances and licences that rely on the exemptions and disapplications in the Act.

• Coordinate with treasury and finance divisions to handle the transfer duty exemption claims under s 11, providing documentation to the Duties Office or other taxing authority to justify the exemption.

• Establish notification templates and processes to satisfy s 21(4) obligations to notify licence holders following disallowance.

Following these concrete steps will minimise legal uncertainty, protect the interests of the State, licensees and third parties, and manage the particular risks that the Act’s novel features introduce.