2014 could turn out to be a big year for fund managers of native title trusts.

Since December 2009 the Western Australian government and the South West Aboriginal Land and Sea Council (SWALSC) have been formally negotiating for the settlement of native title over the south west of Western Australia.

The negotiations concern the traditional lands of 6 native title groups:

  • Wagyl Kaip (covering Katanning, Gnowangerup, Albany)
  • Yued (covering Jurien, Moora, Lancelin, Gingin)
  • Gnaala Karla Boodja (covering Mandurah, Bunbury, Donnybrook)
  • South West Boojarah (covering Busselton, Dunsborough, Margaret River, Pemberton, Nannup)
  • Ballardong (covering York, Northam, Hyden, Kondinin)
  • Whadjuk (covering Perth Metropolitan area)

SWALSC is the representative body for the above native title claimants, pursuant to the Native Title Act.

In July 2013 the Western Australian government presented a final offer to settle native title claims to SWALSC. The offer proposes a number of benefits, but significantly it includes the establishment of a perpetual trust into which the government would invest $50 million each year for 12 years.

The native title claimants had 6 months to finalise negotiations or accept the offer from the State government, otherwise the matter will be sent to the Federal Court for determination of the native title claims. If accepted, the deal will present significant opportunity for managers of Indigenous trust funds as the offer of this nature is unlikely to present itself again in the future. SWALC must now meet with the different groups to seek instructions (potentially 30,000 people).

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