- Draft regulations to support amended Aboriginal heritage laws shared with stakeholders
- Bill before State Parliament to restore Aboriginal Heritage Act 1972, with simple and effective amendments
- Aboriginal Cultural Heritage Act 2021 to be repealed, removing extra burdens on landowners
- Additional technical amendments included to improve the operation of the Act
Draft regulations have been released today for stakeholder consultation on the Aboriginal Heritage Legislation Amendment and Repeal Bill 2023.
The Bill will repeal the Aboriginal Cultural Heritage Act 2021 and support a return to an improved Aboriginal Heritage Act 1972. The legislation was introduced into Parliament last month and debate is expected to commence next week.
The Bill proposes a number of targeted and important amendments to improve the Aboriginal Heritage Act 1972, including equal rights of review and requirements to report new information about an Aboriginal site.
To support the amended laws, regulations and policy guidance have been developed and will contribute to a new framework to protect and manage Aboriginal heritage in Western Australia.
The draft regulations set timeframes for decisions under Section 18 of the 1972 Act, and outline administrative and management procedures of the proposed Aboriginal Cultural Heritage Committee.
A new consultation policy and application guidelines have also been drafted to support proponents applying for a Section 18 Consent where works are likely to impact Aboriginal cultural heritage.
These supporting materials were informed by the views of the Implementation Group and Aboriginal organisations, and they have been shared with each of these stakeholder groups for feedback.
Additional technical amendments will be introduced in Parliament next week that give effect to feedback received since drafting of the Bill. This includes clarifying the definition of 'native title party', and provision for the transfer of a Section 18 Consent where there is a change in ownership of the land.
The Cook Government is also progressing a State funded, Government-led Aboriginal heritage survey program and a capacity building program for native title parties. The Government will collaborate with Aboriginal organisations on the design and rollout of these initiatives.
Feedback received will be reviewed to help inform the final revised Aboriginal Heritage Regulations 1974 for Gazettal once the Bill passes Parliament.
As stated by Aboriginal Affairs Minister Dr Tony Buti:
"The Cook Government listened to community feedback and announced our intention last month to put alternate legislation in place.
"We are well advanced in delivering on that commitment with a Bill pending debate in Parliament, and draft regulations and key policy documents developed.
"We have worked to keep the restored process for managing and protecting Aboriginal cultural heritage simple to focus on important amendments that will address key concerns without adding complexity and confusion.
"The draft regulations include timeframes to give certainty to Traditional Owners and proponents about the Section 18 application process and the consultation policy sets out the expectations of proponents to engage with Aboriginal people about their heritage.
"I am pleased to be able to share the draft regulations and policy guidance with Aboriginal organisations, industry groups, Implementation Group members and other key stakeholders to obtain their feedback while the Bill is under debate.
"Ultimately, our aim is to implement the new system as soon as practically possible once the Bill is considered and passed by the House."
