- Modernised
Aboriginal cultural heritage laws to take effect from July 1
- Implementation
group established to monitor, report and help address any issues that may arise
in the initial stages of implementing the improved laws
- WA
Government taking an education-first approach to responsible, careful
compliance
- New Act
and Regulations follow more than five years of extensive consultation and input
- Four
new members appointed to Aboriginal Cultural Heritage Council
The system which protects and manages
Aboriginal cultural heritage in Western Australia will be modernised and
improved from July 1 to prevent another incident like what occurred at Juukan
Gorge.
The improvements include new practical
exemptions and a simpler, fairer system to manage activities that may harm
Aboriginal cultural heritage across WA.
The State Government has also announced the
appointment of four new members to the Aboriginal Cultural Heritage Council,
including former Federal Indigenous Affairs Minister and respected Yamatji and
Wongi Elder Ken Wyatt.
The Aboriginal Cultural Heritage Act 2021
empowers Aboriginal people to make agreements about matters affecting their
cultural heritage. For more than 50 years it has been illegal to undertake
activities that may harm Aboriginal cultural heritage without approval, and
that legal framework has now been modernised to align with Native Title laws.
The implementation group, chaired by the
Director General of the Department of Planning, Lands and Heritage, will be
established for an initial six months to work collaboratively to address any
issues that may arise in the initial stages of implementing the new Act.
Members of the group will include
representatives from key industries such as mining, property, farming and
agriculture, as well as local government, Aboriginal corporations and the
Aboriginal Cultural Heritage Council.
The group's work will also feed into the
12-month review the State Government has committed to conduct as part of the
implementation process.
While land users and industry sectors adjust
to the new system, the State Government will adopt a responsible, reasonable
and education-first approach for the first 12 months in regard to compliance
with the new Act - similar to the approach being taken for implementation of
WA's new work health and safety laws.
Information and awareness activities,
including public workshops and education sessions, will continue across the
State post-July 1.
As the State's peak strategic body on
Aboriginal cultural heritage matters, the Aboriginal Cultural Heritage Council provides
advice to the Aboriginal Affairs Minister, designates local Aboriginal cultural
heritage services and approves permits and management plans.
The Council also has a role in promoting
public awareness and appreciation of Aboriginal cultural heritage and the participation
of Aboriginal people in decision-making about how their cultural heritage is
managed and protected.
Premier Roger Cook and Aboriginal Affairs
Minister Dr Tony Buti welcomed the appointment of Mr Wyatt, who joins Irene
Stainton AO as co-chair of the Aboriginal Cultural Heritage Council.
Other members appointed include business
manager Jonathon Griffin, local government executive Karen Oborn and geologist
Denzyl Moncreiff. Dr Mark Bin Bakar has also been reappointed as a Council
member.
For more information about the Act, or to
register for a scheduled or future session, visit wa.gov.au/ach-act.
Comments
attributed to Premier Roger Cook:
"Aboriginal cultural heritage is of immense
cultural, scientific, educational and historic interest and provides Aboriginal
people with an important link to their present and past culture.
"I want to make it clear that for more than
50 years it has been unlawful to harm Aboriginal cultural heritage in WA. This
will not change under the new Aboriginal Cultural Heritage Act.
"The current Legislation is outdated and it
wasn't good for Aboriginal people or land users. It led to incidents like
Juukan Gorge, which was a global embarrassment for Australia.
"We have consulted extensively with
Aboriginal people and industry to find a balance that allows Aboriginal people
to speak for their country and ensures that many activities continue with
minimal disruption or additional burden.
"I want to acknowledge everyone who has
worked on the new Act and Regulations. Thank you to all stakeholders for their
work and engagement to progress these modernised laws. It has been a
collaborative and consultative process and a culmination of many years work."
Comments
attributed to Aboriginal Affairs Minister Dr Tony Buti:
"This is a milestone event in our State's
history. It is the culmination of one of the most significant reforms ever
undertaken in Aboriginal Affairs in Western Australia.
"We are ready to run with a simpler and fairer
system to manage Aboriginal cultural heritage across our State.
"The new process is in line with the level
of disturbance and the risk of impact or harm. Where there is no Aboriginal
cultural heritage present, or no risk of harm, no approval is required.
"We have listened and consulted with
stakeholders over the past five years and will continue to listen and liaise.
As part of the way going forward, we will invite key industry and stakeholder representatives
to be part of a forum for reporting issues where they may arise.
"I congratulate the four new members on
their appointment to the Council and welcome their collective skills and experience
to support the implementation of the Aboriginal Cultural Heritage Act 2021.
"I would also like to thank Dr Mark Bin
Bakar for his leadership as an inaugural co-chair since the Council was
established. I have greatly appreciated his contribution and welcome his continued
experience, input and advocacy as a Council member.
Comments
attributed to Ken Wyatt AM:
"We all have a responsibility to keep
protecting one of the oldest living cultures in the world and that's why the
State Government has improved and streamlined the way we protect and manage
Aboriginal cultural heritage in WA.
"The Aboriginal Cultural Heritage Council
will be pivotal to preserving and protecting the Aboriginal Cultural Heritage in
our State.
"I am looking forward to serving as a member
of the Aboriginal Cultural Heritage Council and playing a role in making a
difference and bringing this new process to fruition.
"It is a privilege be a part of a team that
has responsibility to protect our culture and history."
