The Minister for Aboriginal Affairs provides an update on the co-design process for regulations under the Aboriginal Cultural Heritage Act 2021, highlighting stakeholder engagement and a commitment to balancing cultural protection with economic development, while also criticising the opposition's past record.

AnsweredQoN 249Legislative Assembly
Asked
7 April 2022
Portfolio
Aboriginal Affairs

QuestionView source ↗

ABORIGINAL CULTURAL
HERITAGE ACT — REGULATIONS CO-DESIGN
249. Ms C.M. TONKIN to the Minister for Aboriginal Affairs:
I refer to the McGowan Labor
government's commitment to protecting and managing Aboriginal cultural
heritage across Western Australia. Can the
minister update the house on the implementation of the historic Aboriginal
Cultural Heritage Act and the co-design process that is being undertaken
to deliver the regulations and guiding documents?

AnswerView source ↗

I thank the member for Churchlands
for her question.
As members know, last year this
Parliament passed the Aboriginal Cultural Heritage Act 2021. It is with great
pleasure that I announce that the co-design of the regulations, which will
enable the act to become operational, has commenced. Only last week, I attended
the launch of that process. I met with many Aboriginal stakeholders, peak
bodies from the resources industry and governments to talk about that process.
The object of a co-design process is that all interest groups, stakeholders and
members of the public who want input into that process will be afforded that
opportunity. I am determined that that process will be completed early next
year in order for most of the new act to
become operational. There will be three consultation phases across the state.
The regional consultation process will commence in April and May.
Aboriginal groups, mining companies, resources companies and others will have an opportunity to invest in that process by making
submissions and attending various workshops. It is really important that
these regulations come into play because we want to move into a modern legal
framework for the protection of Aboriginal cultural heritage in Western Australia.
The act is an incredibly significant
piece of reform undertaken by the McGowan government that the other side could not even attempt during its eight years. I remember
that the proposals of Dr Hames were absolutely disgraceful . They were pulled out of circulation. During the
debate last year, we had various comments by certain members on the
other side that also showed that they did not understand Aboriginal cultural
heritage. The history of the Liberal–National Party conservative
establishment in Western Australia when it comes to protecting Aboriginal and
Indigenous rights is absolutely appalling. The Court government introduced
legislation to seek to override the Native Title Act, which was struck down by
the High Court. It was not only inconsistent with the commonwealth legislation,
but also racially discriminatory.
I invite members on the other side
to become part of this co-design process and be positive—just for once.
This co-design process is a very positive
way forward. I would also like to acknowledge the assistance that I am
receiving from Hon Rosie Sahanna,
MLC, who is helping me in our meetings with various stakeholders. This
co-design process seeks to establish
the regulations to ensure that the new legislation that was passed by this
Parliament last year to better improve the protection of Aboriginal cultural
heritage will balance the need to protect Aboriginal cultural heritage with
ensuring that we are able to use land in a way that will support the economic
development of Western Australia to create prosperity and employment
opportunities for Aboriginal people and people throughout the state of Western Australia.

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