What you need to know
- On 8 March 2018, the WA Government announced a fresh review of the Aboriginal Heritage Act 1972 (WA).
- The first step in the review is a consultation paper released by the Minister for Aboriginal Affairs, asking key questions about the effectiveness of the current legislation and how it can be improved.
- The consultation paper does not propose amendments to the legislation, but invites stakeholders to provide feedback via an online survey or by written submissions.
- This review is one in a long line of reviews, and will hopefully go some way to addressing the administrative problems that have created delays for industry and not promoted good heritage outcomes.
- The McGowan Government aims to have an amended Act passed by Parliament by the end of 2020.
What you need to do
- Review the consultation paper and complete the online survey or provide submissions by 1 June 2018.
- Keep up to date on other opportunities for input that will be provided over the next six months.
Background
The Aboriginal Heritage Act 1972 (WA) (the Act) provides for the preservation of places and objects customarily used by, or traditional to, Aboriginal people.
There have been various amendments to the Act since it was first enacted.
Most recently, amendments to the Act were proposed through the introduction of the Aboriginal Heritage Amendment Bill 2014 (WA) in 2014.
The 2014 Bill proved controversial and the State Government received strong feedback that Aboriginal people had not been properly consulted on the proposed changes. Ultimately, the 2014 Bill did not proceed through Parliament before the change of Government in 2017.
The newly announced review
On 8 March 2018, the Hon. Ben Wyatt MLA, Minister for Aboriginal Affairs, announced the Act would be reviewed through a series of consultative processes with stakeholders and members of the community.
The Government hopes the review will deliver a contemporary piece of legislation that:
- promotes the understanding and celebration of Aboriginal cultural heritage through the recognition of significant places and objects;
- provides transparent and easy to understand processes that offer certainty and predictability for stakeholders; and
- provides high standards of protection for significant places and objects, while enabling effective land use.
This review is one in a long line of reviews, and will hopefully go some way to addressing the administrative problems that have created delays for industry and not promoted good heritage outcomes.
The review will include three main phases:
- (Phase One) the release of a consultation paper;
- (Phase Two) a discussion paper; and
- (Phase Three) an exposure draft bill.
Consultation paper and workshops
Phase One is currently underway, commencing with the consultation paper released on 9 March 2018.
The consultation paper invites community input on the effectiveness of the Act and any shortfalls in the current legislation. The consultation paper will allow the Government to identify what the amended Act should do and how it should operate with the interests of all stakeholders in mind. It proposes a series of targeted questions regarding the purpose of the Act, roles under the Act, what is protected, protection and enforcement mechanisms, penalties, site assessments and site registrations.
Feedback can be provided online through an online survey, via post or email. All submissions must be received no later than 1 June 2018.
As the review is an open process, all feedback will be made publicly available on the Department of Planning, Lands and Heritage website. A full copy of the consultation paper can be found on the Department of Planning, Lands and Heritage website.
As part of Phase One, the State Government plans to hold 30 culturally appropriate workshops across four weeks, designed for Aboriginal people. There will also be workshops for the broader community in Perth and key regional locations.
Next steps
Once feedback on the consultation paper is received, the Government will use the feedback from the consultation paper and workshops to prepare proposals on the operation of an amended Act.
The proposals will be the subject of a discussion paper that will be released for public consultation (Phase Two).
Feedback on the discussion paper will help the State Government develop an exposure draft bill, which will be considered by Cabinet (Phase Three).
The exposure draft bill will also be provided for feedback (Phase Four). Stakeholder and community comments on the exposure draft bill will be used to develop a new Aboriginal Heritage Amendment Bill that will be presented to Parliament.
The Government hopes to have an amended Aboriginal Heritage Act passed by both houses of Parliament by the end of 2020.
Authors: Andrew Gay, Partner; Cheyne Jansen, Senior Associate; Grace Gentilli, Lawyer.
