Question on Notice regarding the assessment of Aboriginal heritage sites under the Aboriginal Heritage Act 1972, including concerns about site deregistration and potential disincentives for reporting sites. The Minister acknowledges the Act is outdated and announces a review.

AnsweredQoN 838Legislative Council
Asked
13 March 2018
Portfolio
Aboriginal Affairs

QuestionView source ↗

(1) When in Opposition, the Minister was concerned with the number of sites being deregistered and assessed as not sites under the Aboriginal Heritage Act 1972 . Will the Minister confirm how many sites were assessed by the Aboriginal Cultural Materials Committee (ACMC) as sites under section 5 of the Aboriginal Heritage Act 1972, between March 2016 to February 2017, and March 2017 to December 2017? (2) Of the sites assessed by the ACMC between March 2016 to February 2017, can the Minister confirm how many were assessed as sites and how many were assessed as not sites? (3) Of the sites assessed by the ACMC between March 2017 to December 2017, can the Minister confirm how many were assessed as sites and how many were assessed as not sites? (4) For the answers in (2) and (3), how does the Minister account for this trend? (5) Is the Minister concerned that by continuing to administer the Aboriginal Heritage Act 1972 in this way, there will be a disincentive for Aboriginal people to report Aboriginal sites as a mechanism to help their protection? (6) If no to (5), please explain why?

AnswerView source ↗

Answered
10 April 2018
Responded by
Minister for Environment representing the Minister for Aboriginal Affairs
Response time
9 days
(1) 216
(2) 134 (sites) and 315 (not sites)
(3) 82 (sites) and 228 (not sites)
(4) There is no apparent trend as the number of sites assessed as meeting the requirements of section 5 of the Aboriginal Heritage Act 1972 as a proportion of all sites assessed is similar for both periods.
(5)-(6) There is broad agreement that the Aboriginal Heritage Act is out of date and does not meet the contemporary needs of all stakeholders. With this in mind, on 7 March 2018 I announced the review of the Act. Phase 1 of the review involves consultation with Aboriginal people and key stakeholders throughout Western Australia to get their views on the effectiveness of the current act, and ideas on how the legislation should be amended to improve the recognition and protection of Aboriginal heritage sites and objects while balancing the needs of all stakeholders. There will be two further rounds of consultation following this, including seeking feedback on proposals to amend the Act and then comments on a Green Bill prior to legislation being introduced to Parliament.

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