New Western Australian Aboriginal cultural heritage laws will come into effect from 1 July 2023.
The new Aboriginal Cultural Heritage Act 2021 will replace the outdated 1972 Act and the section 18 process to manage Aboriginal cultural heritage in WA.
The State Government has released guidelines to support the new Aboriginal cultural heritage laws, which include details about consultation requirements, fee structures and categories of land use activities.
“These are significant changes to WA’s Aboriginal cultural heritage laws, and it’s important that businesses, particularly in sectors like mining, understand how the new laws will work,” said CCIWA chief economist Aaron Morey.
Since the Act passed Parliament in December 2021, the guidelines were co-designed with input from more than 1,100 people who attended 94 workshops held across metropolitan, regional and remote areas.
The guidelines and related documents are designed to guide proponents and support Aboriginal people in navigating WA’s new framework.
Land use activities will fall into four categories (tiers). These will determine if the activity is exempt, doesn’t need a formal approval or may require a permit or a more comprehensive cultural heritage management plan. The relevant Aboriginal people will need to be notified of any permit application and a management plan will need to be developed in consultation with the appropriate Aboriginal people for that Country.
Aboriginal organisations can choose to be designated as a Local Aboriginal Cultural Heritage Service which will give them a greater say in these processes as well as provide a one stop shop for proponents and help facilitate those processes.
Aboriginal Affairs Minister the Hon. Dr Tony Buti MLA said the new laws and guidelines are designed to provide a balanced approach to protect and manage Aboriginal cultural heritage and enable the continuation of economic activity, such as farming and mining.
“These are complex matters, considering the vast richness of Aboriginal cultural heritage across our State and the many and varied land uses that support our economy, accommodate for growth and provide new economic and employment opportunities for Aboriginal people,” Minister Buti said.
“For the first time in our State’s history, these laws will empower Aboriginal people to be truly involved in making decisions about activities that impact their cultural heritage.”
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