We, the Department of Water and Environmental Regulation, recognise that land and water hold great spiritual significance to Aboriginal and Torres Strait Islander peoples.
We are committed to listening to, learning from, and building stronger partnerships with First Nations peoples and communities.
Our ongoing review of policies and planning is informed by advice from the department’s Aboriginal Water and Environmental Advisory Group. The group aims to ensure that Aboriginal knowledge, values and needs are considered and appropriately addressed in the management and regulation of the state’s environment and water resources.
How we will support Aboriginal cultural heritage
We aim to ensure we properly and respectfully consider any potential impacts on Aboriginal cultural heritage when undertaking activities as part of our business. This includes activities like the monitoring and measurement of water resources, environmental assessments and water planning, and emergency clean-up and remediation.
During the assessment of licences, permits and authorisations that we administer, impacts on cultural heritage can be considered as part of the social surroundings during the decision-making process. In certain cases, proponents may receive requests for further information about this as part of our application processes.
Changes to Aboriginal cultural heritage legislation
On 8 August 2023, the State Government announced the Aboriginal Cultural Heritage Act 2021 will be repealed, and the Aboriginal Heritage Act 1972 will be reinstated with key amendments.
The Aboriginal Heritage Legislation Amendment and Repeal Act 2023 was passed by Parliament and has received Royal Assent. This Act repeals the Aboriginal Cultural Heritage Act 2021 and reinstates, with modifications, the Aboriginal Heritage Act 1972. The Act commenced on 15 November 2023.
The Aboriginal Heritage Legislation and Repeal Act 2023 and the Aboriginal Heritage Act 1972 can be found on the Western Australian Legislation website.
How to find more information
If you have specific queries on how cultural heritage considerations may affect your future applications, please email your questions to info@dwer.wa.gov.au.
Information on the amendments to the cultural heritage legislation is available through the Department of Planning, Lands and Heritage.
