- Cook Government listens to community
feedback and reverses decision
- Original Aboriginal Heritage Act of
1972 to be restored, with simple amendments
- The new legislation went too far, was
too prescriptive and complicated
- Common sense to drive Aboriginal cultural heritage protection
- All additional obligations placed on landowners in 2021
Act to be removed
After serious consideration and consultation, the Cook Government will
repeal Aboriginal cultural heritage laws and restore the original Aboriginal
Heritage Act of 1972, with simple and effective amendments to help prevent
another Juukan Gorge incident.
Following public workshops, education sessions, and consultation with
key stakeholders and the implementation group, important amendments to the
original Aboriginal Heritage Act will be introduced to Parliament, to
strike the right balance and end confusion.
The decision to revert to the original laws – which had been in place
for 50 years – draws on legal advice from the Solicitor-General, with the
addition of vital amendments to deliver a common sense approach and help
prevent another incident like Juukan Gorge.
The Aboriginal Heritage Legislation Amendment and Repeal Bill 2023 will
provide confidence to all WA property owners that they can continue to operate
on their property, just like they have for the past 50 years, without any fear
of committing an offence by unknowingly disrupting cultural heritage.
The exemptions which were introduced as part of the 2021 laws will no
longer be required under the restored 1972 legislation, as every landowner is
equal, and the changes announced impose no new burden on landowners before
undertaking activities on their land.
The critical amendments to the restored legislation from 1972 include:
- The newly
formed Aboriginal Cultural Heritage Council will take on the role of the Committee
established under the 1972 Act to make recommendations to the Minister;
- Proponents
and Native Title parties will have the same right of review for Section 18
decisions, with clear timelines and an ability for the Premier to call-in a
decision of 'State significance', to act in the interests of all Western
Australians; and
- When a
Section 18 has been approved, making it a requirement for the owner to notify
the Minister of any new information about an Aboriginal site – an important
reform to help prevent another Juukan Gorge.
There will be no requirement on everyday landowners to conduct their own
heritage survey.
The State Government will commence a long-term plan over the next ten
years to undertake heritage surveys of unsurveyed areas in high priority areas
of the State, with the consent of landowners. Surveys will be centrally held
and published by Government, and available to view by all land users.
The cost recovery model introduced for proponents who need to submit a
management plan to the Aboriginal Cultural Heritage Council, will also be
replaced with a fairer and simpler model, to be established with industry in
coming weeks.
The concept of Local Aboriginal Cultural Heritage Services will not
continue, instead support will be provided to existing relevant Native Title
groups, including the relevant prescribed body corporate, registered claimants
or native title representative bodies, to improve capacity.
The work of the implementation group – consisting of representatives
from industries such as mining, property, farming and agriculture, as well as
local government, Aboriginal corporations and the Aboriginal Cultural Heritage
Council – will continue to ensure a smooth transition back to the renewed 1972
legislation.
Comments attributed to Premier Roger Cook:
"The Juukan Gorge tragedy was a global embarrassment, but our response
was wrong, we took it too far, unintentionally causing stress, confusion and
division in our community.
"I've been the Premier for eight weeks now, and it's obvious that we
need to make changes, restore confidence in our cultural heritage system and
get the balance right.
"The complicated regulations, the burden on landowners and the poor
rollout of the new laws have been unworkable for all members of our community –
and for that, I am sorry.
"The original intent of the legislative change nearly two years ago, was
to prevent another Juukan Gorge – and my Government will deliver on that
commitment.
"As Premier, I will always lead a Government that listens, and governs
in the interests of all Western Australians – we are here to help and to
deliver responsible government.
"WA is home to some of the world's oldest known
Aboriginal cultural heritage, we want to preserve this into the future, and
ensure Western Australians can continue to live their lives and reach their
full potential.
"We got the balance wrong, what we did hasn't worked
– it's vital we manage cultural heritage in a common sense manner, so we can
move forward together as a community."
Comments attributed to Aboriginal Affairs Minister Tony Buti:
"We've listened to the concerns raised and taken the time to
assess its impact and find a way forward that is fair, reasonable and
responsible.
"The Juukan Gorge tragedy occurred because new information
about the caves was not disclosedand with our important amendments to the 1972
legislation, we will ensure it can never happen again.
"The Section 18 process will be strengthened – with these
changes mainly impacting miners and Government, whose work most impacts
cultural heritage.
"As Aboriginal Affairs Minister,
it is pleasing that our amendments to Section 18 provide Traditional Owners
with the same rights of appeal as those afforded to proponents.
"Also, our amendments to the
1972 Act, will expressly make it clear that 'gag orders' which constrain
Traditional Owners will be unlawful.
"Australian Aboriginal culture is one of the world's oldest
continuing cultures dating back at least 60,000 years – cultural heritage is
central to the health and vitality of Aboriginal communities – and these
amendments to our existing laws will protect it forever."
Comments attributed to Attorney General John Quigley:
"For more than fifty years the Aboriginal Heritage Act of 1972
performed an important role to protect cultural heritage and with some simple
amendments, we can be sure that heritage will be protected into the future and
provide clarity and certainty for the whole community.
"By repealing the 2021 legislation it means all the extra burdens and
obligations placed on landowners have now been removed.
"This means that all landowners, be they freehold, leasehold, licensee,
invitee or citizen, at large have one simple obligation: that is to not
knowingly damage an Aboriginal cultural heritage site, which has been the law
since 1972.
"For the first time ever, Traditional Owners will have a right of appeal
under Aboriginal cultural heritage laws in Western Australia."
