A WA parliamentary question seeks details on the Tjiwarl ILUA, including stakeholder consultation, compensation, and its potential as a template for future agreements. The government's response is limited due to confidentiality.

AnsweredQoN 743Legislative Assembly
Asked
9 September 2025
Portfolio
Aboriginal Affairs

QuestionView source ↗

I refer to the Tjiwarl Indigenous Land Use Agreement (ILUA), signed in December 2022 and released to the public in May 2023, and I ask: (a) Which stakeholders were consulted by the Government in relation to the central terms of the Agreement, for instance, relevant pastoralists, explorers, prospectors; (b) Beyond the State and the Prescribed Body Corporate, what other stakeholders are members of the Mining Business Working Committee as established under the Agreement; (c) How much was the state compensation liability in this agreement; (d) How was this quantum derived and how were the compensation rates for proponents arrived at; (e) Were industry representatives consulted on these compensation values; and (f) Are other ILUAs following the Tjiwarl template being negotiated by the Department of Premier and Cabinet across the State : (i) If so how many?

AnswerView source ↗

Answered
14 October 2025
Responded by
Minister for Aboriginal Affairs
Response time
6 days
(a) The Agreement was subject to Federal Court ordered mediation which imposed confidentiality provisions precluding the disclosure of information outside of the negotiating parties.
(b)  The Agreement prescribes the members of the Mining Business Working Committee to be the Department of Mines, Industry Regulation and Safety (now Department of Mines, Petroleum and Exploration) and the Tjiwarl Aboriginal Corporation.
(c)  As summarised in Schedule 9, the Tjiwarl Agreement provides for $25.475 million in monetary compensation, along with certain non-monetary benefits, agreed in satisfaction of the State’s compensation liability.
(d)  Pursuant to the confidentiality requirements of the mediation, how any particular aspect or quantum of the Tjiwarl Agreement was reached remains confidential and cannot be disclosed.
(e)  Refer to (a) above.
(f) The Tjiwarl Agreement is a bespoke agreement that was negotiated giving consideration to the aspirations and circumstances relevant to the Tjiwarl determination area. Future agreements will similarly proceed on the basis of the circumstances and priorities of the parties to those agreements.

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