‘Sorry’ Cook confirms cultural heritage scrapping

An apologetic Roger Cook has confirmed the state will scrap its contentious Aboriginal cultural heritage laws just five weeks after they were implemented.

The Premier fronted media alongside Aboriginal Affairs Minister Tony Buti and Attorney General John Quigley this morning to confirm the 2021 legislation would be repealed.

Amendments will instead be made to update the 1972 Aboriginal Heritage Act in a move the government said would prevent incidents like that which occurred at Juukan Gorge in 2020.

“Put simply, the laws went too far,” Mr Cook said.

“They were too prescriptive, too complicated and placed unnecessary burdens on everyday Western Australian property owners.

“As Premier I understand that the legislation has unintentionally caused stress, confusion and division in the community.

“For that, I am sorry.”

The move to scrap the 2021 Aboriginal Cultural Heritage Act, developed following five years of consultation, represents a stunning backflip from the government, which in the lead up to the introduction of the laws was dismissive of criticism from the opposition and farming industry groups in particular.

Mr Cook said the balance was wrong with the legislation, and that the new laws hadn’t worked.

He confirmed that the concept of Local Aboriginal Cultural Heritage Services, or LACHS, would be abolished, with funding designated to their establishment to be put towards state funded heritage surveys which will be carried out by the government over the next decade – but only on private land with landowner consent.

Surveys will be centrally held and published by the government, with development areas prioritised.

A contentious tiered system which asked landowners to make their own assessment of the need for cultural heritage surveying on their land has also been scrapped. The cost recovery model introduced for those completing a management plan under the 2021 Act will also be replaced.

In place of the failed 2021 Act, amendments to the pre-existing 1972 Act will be put before parliament to give proponents and Native Title holders the same right of review of decisions made under the Act’s controversial section 18.

A requirement for landowners to notify the minister of any new information about Aboriginal sites after section 18 approval will also be introduced.

The newly formed Aboriginal Cultural Heritage Council will become a committee making recommendations to Dr Buti as the minister.

Dr Buti said feedback received from an implementation group set up to advise the government on the rollout led to the realisation that the laws were complex and overprescriptive.

“Our intention was to ensure another Juukan Gorge did not take place,” he said.

“We wanted to provide legislation equipped with greater certainty and protection for Aboriginal cultural heritage, but unfortunately it did not deliver the clarity and security we desired.”

With the 2021 Act repealed, the 1972 Act will come into immediate effect. Mr Cook said the amendments would not be rushed through the parliament.

A protest planned against the lack of clarity around the laws by WAFarmers is going ahead on the steps of Parliament today. 

Industry responds

The Association of Mining and Exploration Companies (AMEC) was one of the industry groups in support of a July 1 rollout of the 2021 Aboriginal Cultural Heritage Act but said today that right outcome had been achieved.

It praised the proposed amendments to the 1972 cultural heritage legislation and said the government had listened and responded to the needs of its industry.

Its view was echoed by the Urban Development Institute of Australia.

“Despite our best efforts to work with the state government on the implementation of the new Act, UDIA on behalf of the development industry came to the view that the Act was unworkable in its current form,” UDIA chief executive Tanya Steinbeck said.

UDIA and AMEC were members of the implementation group which advised on the legislation.

Less glowing was Agreement Hub’s Kellie Swanson-Hill, who said a survey of businesses approached her organisation in the lead up to the rollout suggested 64 per cent believed there was a need for a new act, but 70 per cent felt unprepared for the implementation process.

“This is not our preferred outcome given the Aboriginal Cultural Heritage Act 1972 has been gamed for years,” she said.

“While far from perfect, there were positives to the 2021 Act and totally repealing it feels like the government is throwing the baby out with the bathwater.”

Agreement Hub is an organisation which works with industry and traditional owners to secure approvals and protect cultural heritage. 

More response to the day's news, including coverage of the WAFarmers protest, can be found here.