The WA government will review parts of its Aboriginal cultural heritage protection frameworks, two years after a high-profile backflip on a failed attempt to modernise the system.
The state government will review parts of its Aboriginal cultural heritage protection frameworks, two years after a high-profile backflip on a failed attempt to modernise the system.
Business News understands the state’s new Aboriginal Affairs Minister Don Punch will revisit WA’s cultural heritage policy in consultation with a range of stakeholders – the first look at the structures since the ill-fated Aboriginal Cultural Heritage Act was introduced and repealed in 2023.
The state’s cultural heritage protections are currently based off an Act introduced in 1972, which was re-adopted and amended late in 2023 after the Aboriginal Cultural Heritage Act 2021's failure.
Since the new Act was scrapped and the old Act reinstated, concerns have emerged over the increasing cost and expanded timings associated with heritage surveys carried out by businesses around the state – in particular for mineral explorers.
Internal dossiers obtained by Business News in September showed a South West local government also had concerns over the impact of Aboriginal heritage requirements on investment in WA, and some Traditional Owners have flagged frustrations with policy and consultation shortcomings.
Resourcing, proponent costs and consultation requirements placed on Native Title groups are likely to be at the forefront of government focus.
A spokesperson for Mr Punch’s office confirmed to Business News this afternoon that the state planned to look at its current settings in consultation with stakeholders – but stopped short of referring to the work as a review.
“The state government continues to consider the capacity, costs and consultation requirements of native title parties … in relation to statutory processes and how industry can best work with them efficiently and effectively,” they said.
“We are focused on ensuring the system works as it should, and will continue efforts to maintain positive, effective relationships between Traditional Owners and proponents.”
A revisit of the state’s heritage settings would be a remarkable step, almost two years from the height of the Aboriginal Cultural Heritage Act saga which stoked tensions between government and opposition and created uncertainty for landowners, business and Aboriginal corporations.
WA Labor won the 2017 election with a commitment to “introduce measures to reinforce Aboriginal cultures and cultural heritage” in WA – a process which started with public consultation on the 1972 legislation in 2018.
Its reform efforts were turbo-charged following the legal destruction by Rio Tinto of culturally significant rock shelters at Juukan Gorge in May 2020, and Labor used its majority in both houses to pass its Aboriginal Cultural Heritage Act in 2021.
But preparation for the subsequent rollout of the laws was a point of contention, as the government pushed ahead with its target of implementation by July 1, 2023.
The introduction of the ACH legislation into law was marred by poor planning and heated opposition criticism, leading to sensational allegations of dog whistling by the government against members of the opposition and suggestions of arrogance back at it.
An online petition calling for a delay to the rollout of the laws garnered almost 30,000 signatures, fueled largely by pastoralists and farmers.
The government committed at the 11th hour to a “soft touch” introduction in a move to ease a growing chorus of concern over the state’s readiness for them.
Fears over a lack of readiness – voiced against an insistence from WA’s political leaders that the system was ready to go – were ultimately validated when the Act became law.
Just five weeks later, Premier Roger Cook and then-attorney general John Quigley fronted media to concede the laws “went too far” and would be scrapped.
“They were too prescriptive, too complicated and placed unnecessary burdens on everyday Western Australian property owners,” Mr Cook said at the time in an extraordinary media conference.
“As Premier I understand that the legislation has unintentionally caused stress, confusion and division in the community.
“For that, I am sorry.”
The Act was repealed and replaced with an amended version of the 1972 legislation in November 2023 – the basis of the current heritage protections in WA.
Whether any coming work on the system will draw on years of consultation carried out in preparation for the ill-fated 2021 Act, or start with an entirely clean slate, remains to be seen.
