New laws designed to protect and manage Aboriginal cultural heritage in Western Australia started on July 1 with the Cook Government saying they were modernised and improved to prevent another incident like what occurred at Juukan Gorge.

Aboriginal cultural heritage refers to the elements, both tangible and intangible, that hold significant value to Aboriginal people for their social, spiritual, historical, scientific, or aesthetic importance within Aboriginal traditions.

This can include rock art, ancient caves or burial sites, waterways, ceremonial sites or scar trees.

The Opposition has maintained there are concerns about what the new regulations mean for activities on freehold land greater than 1100sqm and the cost and time associated with the process.

Prior to the implementation of the Aboriginal Cultural Heritage Act 2021 almost 30,000 people signed an e-petition calling on the government to delay the start date by a minimum of six months.

When tabling the petition on June 21 Opposition Lands spokesman Neil Thomson said delaying the implementation of the new laws would enable the proper processes to be set up and those affected to be engaged and educated about their new obligations.

Mr Thomson said people were worried about their future and fear being bound up in red tape which could require permits for things such as putting a new fence in, digging a dam or removing noxious vegetation.

“Farmers, pastoralists and companies that provide services such as plumbing and civil contracting are all trying to work out the implications, as are hobby farmers around the metropolitan area that are deeply concerned about what they will be allowed to do on their land, without a permit,’’ he said.

“(But) instead of a reasonable dialogue, Roger Cook has resorted to divisive rhetoric, referring to the Opposition as ‘like a dog returning to its vomit’ for questioning the laws.

“It’s clear the government has made a dog’s breakfast of the roll out of these new laws.”

On June 29 the Cook Government said an implementation group, chaired by the Department of Planning, Lands and Heritage director general would be established for an initial six months to work collaboratively to address any issues that could arise in the initial stages of implementing the Act.

Mr Cook said members of the group would 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 government has committed to conduct as part of the implementation process.

While land users and industry sectors adjust to the new system, the government will adopt a responsible, reasonable and education-first approach for the first 12 months in regard to compliance with the new Act – similar it said 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.

The Cook Government says it will establish an implementation group for an initial six months to address any issues that could arise in the initial stages of implementing the new laws. Picture: Anita McInnes

The government said the Act empowered Aboriginal people to make agreements about matters affecting their cultural heritage and that for more than 50 years it had been illegal to undertake activities that could harm Aboriginal cultural heritage without approval.

Mr Cook 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.

Greens First Nations spokeswoman Dorinda Cox said the one-year delay until July 2024 had been rushed through and largely benefited the mining and resources sector.

Senator Cox said time and time again First nations people were told to take a backseat while mining billionaires took their land, denied them access and destroyed their scared cultural sites.

“This reform of the cultural heritage laws was meant to give First Nations people input in decisions which affect them, equal to others who already have that right,’’ she said.

“Instead we are reminded that we are not equal and our rights are not valued.

“Strong cultural heritage protections are crucial to the continuation of the world’s oldest surviving culture.

“Connection to land and sea Country, our Songlines, our rock art, are all examples of First Nations cultural heritage.

“They link us to our identity; to our Sovereignty.’’

WA Greens MLC Brad Pettitt said the new Aboriginal Cultural Heritage Act was a flawed piece of legislation.

Dr Pettitt said the bill had been rammed through Parliament with the government refusing to accept any amendments or heed the warnings of the many dozens of Traditional Owners who made their voices heard.

“This Act denies free, prior and informed consent, denies First Nations people a right to appeal, and gives individual government ministers the final say on cultural heritage that they have no knowledge or custodianship over.’

On June 29 the Opposition said the government’s announcement that the new laws would go ahead on July 1 with a 12-month “education first” approach to compliance was an admission by Mr Cook and Aboriginal Affairs Minister Tony Buti they had botched the implementation of the important new laws.

WA Liberal Leader Libby Mettam said Mr Cook claimed they would take a ‘light touch’ but when the new laws started on July 1 so did the penalties attached to the new laws.

“The 12-month ‘education first’ approach is cold comfort for the many concerned and impacted Western Australians who face fines and penalties up to $1 million if they get it wrong,’’ she said.

Opposition Aboriginal Affairs spokeswoman Mia Davies said business and the community needed clarity when it came to the approval processes and the whole process had been murky from the beginning.

“The Opposition has never opposed modernising the framework for the protection of Aboriginal cultural heritage, but we do object to the shambolic process the government has imposed that has eroded the goodwill required to make the new legislation and regulations work,’’ she said.

This article appeared on Yanchep News Online on 2 July 2023.