The state budget will include $77 million for Indigenous organisations appointed under the new Aboriginal Cultural Heritage Act to ensure they are effectively resourced before July 1.
The state budget will include $77 million for Indigenous organisations appointed under the new Aboriginal Cultural Heritage Act to ensure they are effectively resourced before July 1.
Local Aboriginal Cultural Heritage Services (LACHS) have been introduced under the New Aboriginal Cultural Heritage Act in a bid to give Aboriginal groups more say in protecting heritage at a local level.
Under the new framework, LACHS would provide advice on Aboriginal cultural heritage and help negotiate and facilitate agreement-making on land-use proposals, the state government has said.
With the Act due to come into effect within months, the state government said it would provide $77 million in the 2023–2024 budget over the next four years to support organisations during the transition.
Aboriginal Affairs Minister Tony Buti said the system needed to be effective and able to meet timeframes set out by the new Act to ensure business activities were not impeded.
"Ensuring the sustainability of Local Aboriginal Cultural Heritage Services has been raised consistently throughout the co-design process, both from Aboriginal people and organisations and from industry,” Dr Buti said.
Associated guidelines for the Act were broadly welcomed when they were released earlier this month but at the same time raised concerns about the capacity of Indigenous corporations to deliver on new responsibilities.
A survey of 50 organisations, covering explorers, miners, Aboriginal corporations and advisers, has found considerable unease about the transition to the new arrangements.
Agreement Hub director Kellie Swanson-Hill, who commissioned the survey, said there was a general sense of uncertainty about the capacity of Aboriginal corporations to deliver.
“While no-one we talked to suggested that the old Act should not be replaced, almost everyone we spoke to, both Aboriginal corporations and industry, is taking a wait-and-see approach to the uncertainty ahead,” she said.
“Many Aboriginal corporations are already struggling with staff changes, shortages in heritage consultants, and not enough traditional owners to attend surveys, resulting in significant delays to land access.
“The smaller end of town – explorers, juniors, and mid-caps – are particularly apprehensive as the new Act will substantially increase the pressure on already stretched Aboriginal corporations.”
PKKP Aboriginal Corporation chairman Terry Drage welcomed the intent of the Aboriginal Cultural Heritage Act but noted that the primary function of the legislation seemingly gave preference to mining and economic interests over Aboriginal interests.
Earlier this month, law firm Clayton Utz said there were significant concerns from all parties about resources for LACHS and their readiness for the new system.
“Given the importance of their role in the framework, these issues could give rise to significant delays in the heritage approvals process and may have implications for the workability of the new framework, at least in the short term,” commentary from the firm read.
Association of Mining and Exploration Companies chief executive Warren Pearce said the group had strongly advocated to ensure LACHs were effectively resourced.
“There a still a wide range of challenges to be overcome, and more guidance needed on how key pieces of the new process will work, however today’s announcement is a major step forward,” he said.
