AMEC warns on cultural heritage overlap

The Association of Mining and Exploration Companies has warned against duplicating Aboriginal cultural heritage laws federally, labelling WA’s protections the most demanding of any in Australia.

An options paper by the federal Department of Climate Change, Energy, the Environment and Water in partnership with the First Nations Heritage Protection Alliance in response to the inquiry into the 2020 destruction of Juukan Gorge has mooted the potential for overarching federal cultural heritage protection legislation in Australia.

One of three options pitched to the federal government, the move would introduce a new national regime to protect cultural heritage which would override all current federal legislation and state and territory regimes.

Protections could also be included as part of the government’s review of the environmental protection and biodiversity Act, a move which could “fill the gaps” in state laws.

Changes on the federal level have the potential to impact Western Australia’s contentious Aboriginal cultural heritage laws, rolled out on July 1 despite a chorus of calls to delay.

The concerns largely centred on a lack of supporting infrastructure, and clarity around the implications and costs to individuals of the laws in practice.

AMEC’s Warren Pearce, whose organisation was a high-profile supporter of the implementation of WA’s Aboriginal cultural heritage laws from July 1, said the organisation strongly opposed any federal extension or duplication to the WA legislation.

“Western Australia’s new Aboriginal cultural heritage laws are far-reaching and the most demanding of any in Australia,” he said.

Mr Pearce, who’s organisation is part of an implementation group designed to deliver feedback on the new legislation to the government over its first six months, said the risk to progress of federal legislation was simply too great.

“The mining and exploration industry cannot support new federal legislation that increases requirements on companies, or duplicates existing state protections,” he said.

“All that will do is add more time and cost to industry, slow exploration and project development, and ultimately deny opportunities for regional and remote Australia.

“There is simply no need for more federal legislation to protect Aboriginal cultural heritage in Western Australia.”

AMEC called on the federal government to wait and see how WA’s new act plays out before making any decisions of its own.

Aboriginal cultural heritage laws have emerged as an election issue ahead of the 2025 state poll, with both the WA Liberals and WA National Party committing to a rewrite of the system if voted in.

Debate raged over the legislation in the lead-up to the July 1 rollout, with the government softening its stance at the 11^th hour by committing to a “light touch” implementation and an education-first approach.

The legislation introduces a new system for considering impacts to Aboriginal cultural heritage by activity on blocks above 1,100 square metres.

It requires proponents in some instances to engage the services of designated local knowledge holders at their own cost and, where deemed necessary, apply for permits or management plans.

Earlier this month, the former chief executive of a Perth-based Aboriginal corporation was accused of leveraging uncertainty around the laws to stop a tree planting, as part of a dispute over federal government funding.  

Speaking in Port Hedland yesterday, Premier Roger Cook reiterated that the government was willing to make changes to the legislation in response to feedback from stakeholders and its implementation advisory group.