Land Administration (South West Native Title Settlement) Act 2016 (WA)

Western Australia Land Administration (South West Native Title Settlement) Act 2016 Western Australia Land Administration (South West Native Title Settlement) Act 2016 Contents Part 1 — Preliminary matters 1. Short title 6 2. Commencement 6 3. Terms used 6 4. Notes not part of Act 8 5. Purposes 8 6. Act binds Crown 8 7. Government Agreements Act 1979 does not apply 8 Part 2 — General matters relating to LAA 8. Functions and powers of Minister for Lands 10 9. Relationship with LAA 10 Part 3 — Land Base Strategy 10. Power of Minister for Lands to implement Land Base Strategy 11 11. Exemption from transfer duty 11 12. Compensation for revocation of management order 11 Part 4 — Land access licences Division 1 — Grant and terms of licences 13. Grant of licence 12 14. Terms and conditions of licence 12 15. Amendment of licence 12 16. Suspension or termination of licence 12 Division 2 — Legal effect of licences 17. Approval for co‑existence of certain rights not required 13 18. Effect of licence on unallocated Crown land 13 19. Effect of licence on creation of other interests 13 20. Application of Property Law Act 1969 13 Division 3 — Parliamentary scrutiny of licence amendments 21. Tabling and disallowance of licence amendment 13 Division 4 — Liability of State in respect of licences 22. Acts or activities of Crown 14 23. Entry and use of Licence Area 14 24. Occupier in relation to Licence Area 14 25. Foreseeability of risk 14 Part 5 — Miscellaneous matters 26. Regulations 15 Part 6 — Land Administration Act 1997 amended 27. Act amended 16 28. Section 91 amended 16 Notes Compilation table 17 Defined terms Western Australia Land Administration (South West Native Title Settlement) Act 2016 An Act — * 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 * 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, and for related purposes. Preamble 1. 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. 2. In exchange for compensation in the form of the payment and provision by the State of benefits under the agreements, the Noongar people consent — (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 (b) to the validation of all acts that, historically, may have been done invalidly in relation to those areas. 3. 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. 4. The benefits to be provided by the State under the agreements include — (a) the allocation of freehold land, leasehold land and reserved land to be held on trust for the benefit of the Noongar people; and (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. 5. 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). The Parliament of Western Australia enacts as follows: