Hon Neil Thomson questions the validity of existing Noongar heritage agreements under the new Aboriginal Cultural Heritage Act and seeks legal advice on the matter. The Minister confirms a review is underway and legal advice has been sought, but will not be tabled due to legal privilege.

AnsweredQoN 437Legislative Council
Asked
9 May 2023
Portfolio
Aboriginal Affairs

QuestionView source ↗

ABORIGINAL CULTURAL HERITAGE ACT
437. Hon NEIL THOMSON to the Leader of the House representing the
Minister for Aboriginal Affairs:
I refer to the implementation of the
Aboriginal Cultural Heritage Act on 1 July 2023.
(1) Will the
heritage agreements that were agreed as part of the south west native title
settlement remain valid on the promulgation of the new act?
(2) If no to (1), will they need to
be renegotiated?
(3) Has the Department of the
Premier and Cabinet sought legal advice on the matters raised in part (1)?
(4) If yes to (3), can the advice be
tabled?

AnswerView source ↗

I thank the honourable member for
some notice of the question.
(1)–(2) The
government is reviewing the template Noongar standard heritage agreements to
ensure compliance with the new act and relevant guidelines.
(3) Yes, the
State Solicitor's Office is providing ongoing legal advice about the
implementation of the Aboriginal Cultural Heritage Act.
(4) No. The advice is subject to
legal professional privilege.

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