The WA Government will repeal the Aboriginal Cultural Heritage Act (ACHA) 2021 and restore an amended version of the original Aboriginal Heritage Act of 1972 (ACHA 1972).
This decision was in response to WA community feedback which labelled the 2021 legislation as too prescriptive and complicated to follow.
Attorney General John Quigley said the decision to repeal ACHA spells the removal of the extra burdens and obligations placed on landowners.
For example, there will be no requirement on everyday landowners to conduct their own heritage surveys.
“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,” said Quigley.
Three critical amendments to the new ACHA 1972 include that 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.
All 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.
Section 18 makes it a requirement for landowners to notify the WA Government of any new information about an Aboriginal site.
Aboriginal Affairs Minister Tony Buti attributes the Juukan Gorge tragedy to the fact that new information on the sacred caves was not disclosed.
“The Section 18 process will be strengthened — with these changes mainly impacting miners and Government, whose work most impacts cultural heritage,” said Buti.
This revised section will provide Traditional Owners with the same rights of appeal as proponents.
Over the next decade, the State Government will conduct heritage surveys of high priority areas that are yet to be surveyed.
These surveys can only be undertaken with consent from landowners and results will be published by the WA Government to be accessible to all land users.
WA Premier Roger Cook said the WA Government didn’t achieve the right balance with ACHA and now needs to restore confidence in its cultural heritage system by implementing actionable changes to protect Aboriginal cultural heritage sites.
“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.
“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.
“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,” said Cook.
Representatives from industries such as mining, property, farming and agriculture, as well as the local government, Aboriginal corporations and the Aboriginal Cultural Heritage Council (ACHC) will work to ensure a smooth transition back to the renewed 1972 legislation.
The Chamber of Minerals and Energy of Western Australia (CME) CEO Rebecca Tomkinson said they will continue to work with the government on this transition.
“Ongoing consultation, adequate transition provisions and an educative approach will be critical.
“Certainty of regulation is important to maintaining our State’s reputation as a safe and stable jurisdiction to invest, “ said Tomkinson.
