State holds line as Cultural Heritage concerns voiced

A petition against the imminent rollout of Aboriginal Cultural Heritage laws has attracted more than 27,000 signatures, but the government is holding firm on a July 1 implementation date.

An e-petition with more than 9,800 signatories was filed to parliament by the Pastoralists & Graziers Association of WA since Thursday afternoon, taking the overall number beyond 27,700 as of 1pm.

The petition calls for a delay to the rollout of the laws by at least six months, based on uncertainty from industry groups and the state opposition around what new system’s rollout would mean for land and business owners.

Main areas of concern include a lack of permitting infrastructure, specifically Local Aboriginal Cultural Heritage Services (LACHS) designated as key points of contact for permitting decisions under the new laws, as well as confusion around what the laws’ tiered system of cultural heritage assessment will mean in practice, and accusations of a lack of public consultation.

But the state government has been steadfast in its commitment to a July 1 rollout of the updated ACH legislation, having consulted on it for more than five years.  

Last week, a spokesperson for Aboriginal Affairs Minister Tony Buti told Business News that the application process for LACHS designation was up and running and that the presence of the services on July 1 would not be a barrier to implementation of the laws.

The commitment to July 1 was confirmed to Business News again today.

Funding of $77 million was allocated to LACHS in the state budget, and Premier Roger Cook told parliament last week that more than 40 existing organisations had applied for LACHS status.

But not all are onboard. Esperance Tjaltjraak Native Title Aboriginal Corporation (ETNTAC) is not among those to apply.

In a statement published to its Facebook on Friday, the organisation alleged that there had been “a lack of meaningful engagement with industry, farmers, the local community and Aboriginal people” on how the new legislation would work.

It confirmed this morning that it has not yet decided whether it will 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.”

The organisation said it was still clarifying the exact requirements of local landholders under the ACHA; a view shared by WA Farmers.

Speaking to Business News this morning on his way to a state government ACH education workshop in Merredin, WA Farmers president John Hassell said the industry was disappointed that its calls for a deferral were not being heard.

“I think the consultation has been an absolute failure,” he said.  

WA Farmers estimated that this morning’s meeting at Cummins Theatre in Merredin was around half-full. Mr Hassell said a meeting in Esperance last week attracted around 600 people, and that the industry did want to protect Aboriginal Cultural Heritage but had its concerns.

“There wouldn’t be a grower in the state that doesn’t support trying to preserve Aboriginal Cultural Heritage,” he said.

“I think it’s incumbent on the Minister and the Premier to take a bit of stock, sit back and think about the implications for a few people wanting to get on with their businesses, and take notice of what they’re saying.”

That stance is at odds with that of Association of Minerals and Exploration Companies chief executive Warren Pearce, who told national radio last week that no further delay could take place to the implementation of ACH laws.

Meanwhile, in a newsletter this morning, Property Council of Western Australia executive director Sandra Brewer said members within her industry was concerned about availability of information to support the transition to the new laws.

“We have provided the government with a range of questions requiring clarification, specifically around the need for due diligence assessments, the implication for projects already under construction or about to commence and noted concerns about the availability of the ACH knowledge database and Local Aboriginal Cultural Heritage consultants or knowledge holders,” she said.

The Pastoralists & Graziers Association petition closes tomorrow.