❓ Question regarding the Aboriginal Cultural Heritage Act's implementation timeline, given challenges in co-design and stakeholder familiarity. The Minister defends the timeline, citing extensive consultation and workshops.
AnsweredQoN 408Legislative Assembly
QuestionView source ↗
ABORIGINAL CULTURAL
HERITAGE ACT — DEPARTMENT
OF PLANNING, LANDS AND HERITAGE PRESENTATION
408. Ms M.J. DAVIES to the Minister for Aboriginal Affairs:
I
note the presentation by the Department of Planning, Lands and Heritage on the
Aboriginal Cultural Heritage Act held yesterday in Merredin and a slide
titled ''Co-design—challenges'' that refers to the
development of the regulations for the act. Why does the minister continue to
say that there is no merit in extending the date for the act to commence when
the first dot point on this slide is —
Timeframes —less than
12 months to co-design important documents
And another is —
Lack of familiarity with the
Act —not all stakeholders are across the details of the
legislation �
HERITAGE ACT — DEPARTMENT
OF PLANNING, LANDS AND HERITAGE PRESENTATION
408. Ms M.J. DAVIES to the Minister for Aboriginal Affairs:
I
note the presentation by the Department of Planning, Lands and Heritage on the
Aboriginal Cultural Heritage Act held yesterday in Merredin and a slide
titled ''Co-design—challenges'' that refers to the
development of the regulations for the act. Why does the minister continue to
say that there is no merit in extending the date for the act to commence when
the first dot point on this slide is —
Timeframes —less than
12 months to co-design important documents
And another is —
Lack of familiarity with the
Act —not all stakeholders are across the details of the
legislation �
AnswerView source ↗
There are two things: there is the
act and the regulations. It is interesting that the opposition seems to
conflate both. One minute it says that it supports the act and then the next
minute it says that it does not support the act. That is one thing.
Ms M.J. Davies interjected.
Dr A.D. BUTI : Can the member
just let me answer the question and she can ask a supplementary question if she
wants, rather than always whip, whip, whipping.
Ms M.J. Davies interjected.
The SPEAKER : Order, please.
Ms M.J. Davies interjected.
Dr A.D. BUTI : We had a three
—
The SPEAKER : Sorry; just
pause a moment, minister. The minister has said that he does not want to take
an interjection. You have the opportunity to ask a supplementary question,
member for Central Wheatbelt.
Dr A.D. BUTI : The act has been in the consultation
process for three or four years. Opposition members supported the legislation.
They asked a few questions during the consideration in detail stage. I will
give the member for Cottesloe his due; he
did hang around for consideration in detail, as did the previous member for
North West Central.
Ms M.J. Davies : The shadow.
Dr A.D. BUTI : So the only
person who should be interested is the shadow Minister for Aboriginal Affairs! So
if you are the member for Central Wheatbelt, you should not be interested in
it. The member has become interested now only because she is the shadow
Aboriginal affairs minister. That is very interesting.
Ms M.J. Davies interjected.
The SPEAKER : Order, please.
Ms M.J. Davies interjected.
The SPEAKER : Order, please.
Member for Central Wheatbelt, you are being disorderly.
Dr A.D. BUTI : We have been
through a process of extensive consultation on the act. We have been through a process
of co-design. The co-design process involved 94 workshops across 36 locations
over three phases. Maybe it was 11 or 11 and a half months rather than 12 months,
but it definitely was a calendar year; maybe it started in February rather than
on 5 January. There were 94 workshops at 36 locations, with 1 137 attendees
throughout the state, resulting in 223 submissions. The Pastoralists and
Graziers Association and the Western Australian Farmers Federation were
consulted and invited to participate in the co-design process for key regulations.
They were involved in the input on the regulations. Very little legislation
that has come before this house has been consulted to the degree of this
legislation, but these are the regulations. Very few regulations have been
consulted to the degree that these regulations have been. That is why it has
taken a bit longer to finalise the regulations; it is because of the input that
has gone into them. Specifically, the input from the agricultural industry led
to the exemption of a like-for-like activity. That was put in the legislation
as a result of farmers and others raising the issue.
With regard to the education
workshops, which continue, at the request of the member for Roe, there will be
an additional one in Katanning. Over 1 500 people have attended the workshops
so far, and many more will attend those happening in Perth, the Kimberley and
the south west. The member for Roe said that 600 or 700 attended in Esperance.
That is a good thing. It is a good thing that people want to learn about the
new regulations and the new act—the new regime—that will come
in on 1 July.
With regard to consultation, we have
consulted and consulted. Members will remember that when the legislation was passed, some Aboriginal groups did not like
the fact that they will not have a veto right. It did not mean that we did not consult. Consultation does not mean that you necessarily agree with the
consultation; you consult and then you come to a position. We came to our
position at that time, and some people did not agree with it. But members
opposite did pass the legislation.
There has been extensive
consultation. There has been extensive workshopping of the regulations. There
are education programs and they will continue. I would also like to let the
member know that as the operation of the new
regime takes place after 1 July, a key stakeholder reference group will sit
down with the department on a regular basis
to iron out any concerns. Obviously, when something is started, there will be
some issues that no-one has thought about—no-one is at fault—and
we will work through that. As Warren Pearce from the Association of Mining and
Exploration Companies said, we have to commence this on 1 July. He has praised
the work that the department and my office has done in consulting with major
stakeholders.
act and the regulations. It is interesting that the opposition seems to
conflate both. One minute it says that it supports the act and then the next
minute it says that it does not support the act. That is one thing.
Ms M.J. Davies interjected.
Dr A.D. BUTI : Can the member
just let me answer the question and she can ask a supplementary question if she
wants, rather than always whip, whip, whipping.
Ms M.J. Davies interjected.
The SPEAKER : Order, please.
Ms M.J. Davies interjected.
Dr A.D. BUTI : We had a three
—
The SPEAKER : Sorry; just
pause a moment, minister. The minister has said that he does not want to take
an interjection. You have the opportunity to ask a supplementary question,
member for Central Wheatbelt.
Dr A.D. BUTI : The act has been in the consultation
process for three or four years. Opposition members supported the legislation.
They asked a few questions during the consideration in detail stage. I will
give the member for Cottesloe his due; he
did hang around for consideration in detail, as did the previous member for
North West Central.
Ms M.J. Davies : The shadow.
Dr A.D. BUTI : So the only
person who should be interested is the shadow Minister for Aboriginal Affairs! So
if you are the member for Central Wheatbelt, you should not be interested in
it. The member has become interested now only because she is the shadow
Aboriginal affairs minister. That is very interesting.
Ms M.J. Davies interjected.
The SPEAKER : Order, please.
Ms M.J. Davies interjected.
The SPEAKER : Order, please.
Member for Central Wheatbelt, you are being disorderly.
Dr A.D. BUTI : We have been
through a process of extensive consultation on the act. We have been through a process
of co-design. The co-design process involved 94 workshops across 36 locations
over three phases. Maybe it was 11 or 11 and a half months rather than 12 months,
but it definitely was a calendar year; maybe it started in February rather than
on 5 January. There were 94 workshops at 36 locations, with 1 137 attendees
throughout the state, resulting in 223 submissions. The Pastoralists and
Graziers Association and the Western Australian Farmers Federation were
consulted and invited to participate in the co-design process for key regulations.
They were involved in the input on the regulations. Very little legislation
that has come before this house has been consulted to the degree of this
legislation, but these are the regulations. Very few regulations have been
consulted to the degree that these regulations have been. That is why it has
taken a bit longer to finalise the regulations; it is because of the input that
has gone into them. Specifically, the input from the agricultural industry led
to the exemption of a like-for-like activity. That was put in the legislation
as a result of farmers and others raising the issue.
With regard to the education
workshops, which continue, at the request of the member for Roe, there will be
an additional one in Katanning. Over 1 500 people have attended the workshops
so far, and many more will attend those happening in Perth, the Kimberley and
the south west. The member for Roe said that 600 or 700 attended in Esperance.
That is a good thing. It is a good thing that people want to learn about the
new regulations and the new act—the new regime—that will come
in on 1 July.
With regard to consultation, we have
consulted and consulted. Members will remember that when the legislation was passed, some Aboriginal groups did not like
the fact that they will not have a veto right. It did not mean that we did not consult. Consultation does not mean that you necessarily agree with the
consultation; you consult and then you come to a position. We came to our
position at that time, and some people did not agree with it. But members
opposite did pass the legislation.
There has been extensive
consultation. There has been extensive workshopping of the regulations. There
are education programs and they will continue. I would also like to let the
member know that as the operation of the new
regime takes place after 1 July, a key stakeholder reference group will sit
down with the department on a regular basis
to iron out any concerns. Obviously, when something is started, there will be
some issues that no-one has thought about—no-one is at fault—and
we will work through that. As Warren Pearce from the Association of Mining and
Exploration Companies said, we have to commence this on 1 July. He has praised
the work that the department and my office has done in consulting with major
stakeholders.
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