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  • A Wajuk Barladong Mineng Ny...
    Kelsi Forrest

    Indigenous law bulletin, 01/2017, Letnik: 8, Številka: 28
    Journal Article

    The South West Native Title Settlement ('the Settlement') was a landmark native title settlement. It affects an estimated 30 000 Noongar People and encompasses approximately 200 000 square kilometres in the South West. The Settlement resolved the Noongar native title claim in exchange for a package of benefits, which included, for example, recognition through an act of Parliament, a perpetual trust receiving yearly instalments of $50 million for 12 years, numerous land arrangements, among other things. The Settlement is made up of six individual Indigenous Land Use Agreements ('ILUAs'). Four of these six ILUAS were successfully challenged in 'McGlade v Native Title Registrar' ('McGlade') earlier this year. As a Nyungar person who voted in the authorisation process for three of the ILUAs: the Wagyl Kaip and the Southern Noongar ILUA; the Ballardong People ILUA, and the Whadjuk People ILUA, I am a Claim Group member who supports the Settlement and supports the Registration of the ILUAs. As a Nyungar person who supports the Settlement, I was relieved to hear about the Commonwealth Parliament's proposed legislative amendments to the 'Native Title Act 1993' (Cth) ('NTA') so the ground-breaking settlement could move forward in the direction that my elders hoped for and worked so hard for many years to achieve. However, as a Law Graduate who works in the native title space, there are some key issues with the Native Title Amendment (Indigenous Land Use Agreements) Bill 2017 ('Amendment Bill') that I believe need to be considered thoroughly before proceeding with their enactment.