The Hon. Roger Cook, Premier of Western Australia, The Hon. Tony Buti, Minister for Aboriginal Affairs (WA), Joint Media Release, 29 June 2023

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.”

Related stories: Aboriginal Cultural Heritage – Western Australian Farmers react to the new law, New fee system to help protect Aboriginal cultural heritage: Buti, Aboriginal Cultural Heritage Act 2021 (WA) – Have you got any culture?