- Draft
regulations to support amended Aboriginal heritage laws shared with
stakeholders
- Bill before State Parliament to restore Aboriginal
Heritage Act 1972, with simple and effective amendments
- Aboriginal Cultural Heritage Act 2021 to
be repealed, removing extra burdens on landowners
- Additional technical amendments included to improve
the operation of the Act
Draft regulations have been released today for stakeholder consultation
on the Aboriginal Heritage Legislation Amendment and Repeal Bill 2023.
The Bill will repeal the Aboriginal Cultural Heritage Act 2021
and support a return to an improved Aboriginal Heritage Act 1972. The
legislation was introduced into
Parliament last month and debate is expected to commence next week.
The Bill proposes a number of targeted and important amendments to improve
the Aboriginal Heritage Act 1972, including equal rights of review and
requirements to report new information about an Aboriginal site.
To support the amended laws, regulations and policy guidance have been
developed and will contribute to a new framework to protect and manage
Aboriginal heritage in Western Australia.
The draft regulations set timeframes for decisions under Section 18 of
the 1972 Act, and outline administrative and management procedures of the
proposed Aboriginal Cultural Heritage Committee.
A new consultation policy and application guidelines have also been drafted
to support proponents applying for a Section 18 Consent where works are likely
to impact Aboriginal cultural heritage.
These supporting materials were informed by the views of the Implementation
Group and Aboriginal organisations, and they have been shared with each of
these stakeholder groups for feedback.
Additional technical amendments will be introduced in Parliament next
week that give effect to feedback received since drafting of the Bill. This
includes clarifying the definition of 'native title party', and provision for
the transfer of a Section 18 Consent where there is a change in ownership of
the land.
The Cook Government is also progressing a State funded, Government-led
Aboriginal heritage survey program and a capacity building program for native
title parties. The Government will collaborate with Aboriginal organisations on
the design and rollout of these initiatives.
Feedback received will be reviewed to help inform the final revised Aboriginal
Heritage Regulations 1974 for Gazettal once the Bill passes Parliament.
Comments attributed to Aboriginal Affairs Minister Dr Tony Buti:
"The Cook Government listened to community feedback and announced our intention
last month to put alternate legislation in place.
"We are well advanced in delivering on that commitment with a Bill
pending debate in Parliament, and draft regulations and key policy documents
developed.
"We have worked to keep the restored process for managing and protecting
Aboriginal cultural heritage simple – to focus on important amendments that
will address key concerns without adding complexity and confusion.
"The draft regulations include timeframes to give certainty to
Traditional Owners and proponents about the Section 18 application process and
the consultation policy sets out the expectations of proponents to engage with
Aboriginal people about their heritage.
"I am pleased to be able to share the draft regulations and policy
guidance with Aboriginal organisations, industry groups, Implementation Group
members and other key stakeholders to obtain their feedback while the Bill is
under debate.
"Ultimately, our aim is to implement the new system as soon as
practically possible once the Bill is considered and passed by the House."
