ACH debate rages as applicants focus on positives

Applicants to be a critical pillar in WA’s Aboriginal Cultural Heritage approvals process have called for critics to focus on positives, as debate raged over the July 1 rollout of laws in parliament today.

The state government remains committed to its rollout of the Aboriginal Cultural Heritage Act from July 1, despite a chorus of concerns from pastoralist groups and an e-petition to delay their implementation which has now attracted more than 29,000 signatories.

Premier Roger Cook acknowledged concern from community members but reinforced the point in Question Time today in response to opposition calls to consider the e-petition.

“Can I assure the industry and can I assure members of the public, these laws will be implemented in a way which is collaborative, which is educative, and make sure that people can understand that when they need to find information, that it’s available for them,” he said.

“There’s nothing to be afraid of. These are the same laws that we’ve always had for the last 50 years, modernised in a modern legal framework.

“That will mean that they will be simpler, and fairer, and that they will work better.”

Debate over the legislation has included allegations of dog whistling from the government towards members of the opposition, with heated remarks going back and forth in recent weeks.

The Act in question provides an update to the previous legislation covering cultural heritage, a term used to describe artefacts, monuments or sites of significance to local traditional owners.

It will replace what the state government has labelled “outdated” legislation introduced to protect cultural heritage in WA which has not been updated since 1972.

The rollout of the Act on July 1 comes following years of consultation with relevant groups, and the government says it will provide a clearer framework for direct engagement with local Aboriginal organisations and streamline work approvals.

However, critics of the rollout have pointed to the current absence of Local Aboriginal Cultural Heritage Services (LACHS), which are the localised corporations designated with responsibility for permitting approval under the revised laws.

Doubts have also been expressed over LACHS jurisdictional overlap. Just ten days from implementation it is understood no LACHS have been established, though more than 40 organisations have applied for the status.

But LACHS applicants have today told Business News they are confident of being able to hit the ground running once the new laws come into place.

Whadjuk Corporation chief executive David Collard, whose organisation represents a region spanning 5580km in the state’s South West, said he was hopeful of having a system in play by July 1. Mr Collard said there had been a lot of misinformation spread around the Aboriginal Cultural Heritage laws, but there was no time for a delay.

“We just need to get in there and do it,” he said.

“The heritage needs to be protected at all times. They talk about reconciliation, and this is one of the good ways the act can help.

“The legislation means non-Aboriginal people and Aboriginal people get together at a local level, not in a place hundreds of kilometres from each other, and they work together to try and achieve the same goals. That’s central to it going forward.”

Not all Aboriginal corporations have been supportive of the July 1 LACHS rollout.

On Friday, the Esperance Tjaltjraak Native Title Aboriginal Corporation (ETNTAC) published a lengthy piece to its Facebook page revealing it had not yet decided whether to apply for LACHS status.

“ETNTAC’s interpretation of the Aboriginal Cultural Heritage Act (ACHA) is that where farmers and land users are essentially undertaking the same activities as they have always carried out on the same areas, the activities will be exempt under the ACHA and therefore there will be no requirement to engage with the Department of Planning, Lands and Heritage, the Aboriginal Heritage Council or ETNTAC,” the statement said.

“ETNTAC considers that regardless of any ambiguity created by the tier activity classifications in the new ACHA, new activities undertaken by farmers and residential land users on cleared land will pose a low risk of causing additional impact to Aboriginal sites and should not be subject to burdensome or costly approvals requirements.

“ETNTAC has no desire to be bogged down in any government-imposed compliance process or permitting for such activities.”

Roebourne-based Yindjibarndi Aboriginal Corporation chief executive Michael Woodley, whose organisation is also applying for LACHS status, said it was disappointing to hear not all First Nations groups were behind the July 1 date.

“I haven’t been surprised, I think I’ve been a little more disappointed you know, in terms of why they wouldn’t see the opportunity here,” he said.

“We are working with something that is not perfect. No legislation is perfect for anyone. You can see that now with some of the people opposing it.

“But the 1972 act wasn’t perfect for us, either. I think we all have to look at what’s in front of us, the opportunities this legislation can provide, rather than focus on what it can’t.”

Responding to a question about comments made by Kalgoorlie-Boulder elder Aubrey Lynch on Goldfields radio today, Mr Cook told parliament today that not everyone could be expected to agree with the laws.

“Not every Aboriginal person has to agree with every other Aboriginal person,” he said.  

“There’s this overtone around, that because I’ve found an Aboriginal person that doesn’t agree with another Aboriginal person it somehow makes the issue illegitimate.

“This is not a homogenous community, they’ve got differences of opinion as well. Many Aboriginal people are excited about the opportunities to actively engage in managing the Aboriginal Cultural Heritage of the areas in which they belong.”

Business News understands that Aboriginal Cultural Heritage community education forums will continue beyond the July 1 rollout date, with Aboriginal Affairs Minister Tony Buti telling parliament today that more than 1500 people have attended meetings across the state so far.

Dr Buti said a key stakeholder reference group would also be established following the implementation of the laws to iron out any implementation issues.  

The state government committed $77 million to support cultural heritage services and assist LACHS in the 2023-24 budget.