Fallout from Heritage Act scrapping begins

Juukan Gorge’s traditional custodians have blasted the state government for treating First Nations people as “second class citizens” in the fallout from Tuesday’s unprecedented decision to scrap the Aboriginal Cultural Heritage Act one month after coming into effect.

WA Premier Roger Cook confirmed on Tuesday the government would revert to the Aboriginal Heritage Act 1972 which Labor committed to tearing up and replacing when it won office in 2017.

PKKP land and heritage manager Jordan Ralph said Tuesday’s decision was one of the worst for Aboriginal cultural heritage protection the country had seen.

“The PKKP are outraged that they, and Traditional Owners in Western Australia are back to square one, and the Cook Government is reverting to laws that allowed to destruction of Juukan Gorge,” he said.

“The safeguards that were supposed to be provided by the 2021 legislation have now been taken away and we will revert back to an outdated definition of Aboriginal cultural heritage and an approvals process that benefits industry over our Country.

“Our focus has been developing co-management agreements with mining companies to ensure there is clear communication and a joint responsibility for protecting our cultural heritage, and we were promised that would be backed up by protection under the law.”

Dr Ralph’s statement followed moments after a protest organized by farmers and pastoralists wrapped up on the steps of Parliament House.

In light of confirmation of the Act’s scrapping by Roger Cook this morning there was an air of relief among the 300 or so farmers and pastoralists gathered as gloomy skies cleared overhead.

Opposition leader Shane Love, Liberal leader Libby Mettam, Pastoralists and Graziers Association president Tony Seabrook and WA Farmers president John Hassell each took to the mic to congratulate the group on their tireless lobbying over the past few months.

Aboriginal Affairs Minister Tony Buti also fronted up to apologise to the crowd and promise to engage meaningfully with the agriculture sector on heritage matters going forward.

While Mr Buti was met initially with jeers and calls to resign, by the end of his speech the crowd applauded his commitment to the industry.

WA Grains Group chairman Alastair Falconer, who also spoke at the event, said it was now imperative the government consulted all stakeholders on amendments to the Heritage Act 1972.

“The fact that there was an intangible element to the Act meant we really didn't know what could have happened, it was just open to so much interpretation,” he said.

“Going back to the old Act to start with is a good move, but I think we really need to be careful what sort of amendments they might try make.

“It is really important that we're consulted and listened to in developing any amendments to the old one.”

Association of Mining and Exploration Companies chief executive Warren Pearce said new laws needed to be simple to understand and strong enough to prevent another Juukan Gorge.

"What we had with the 2021 Act was just too complex, it was so hard to work your way through and it meant that people trying to do the right thing could still make mistakes," he said.

"It is good the government's reversed course... but also a little bit of concern that the change will stick.

"It is just so important that we actually stick the landing on this one, because if we don't then we've got no legislation that protects heritage and no system to work through - that would be disastrous."

REIWA chief executive Cath Hart said the 1100sqm threshold in the ditched Act was a sticking point for many property owners.

Ms Hart said today's changes would give owners the confidence to undertake work on the properties.