❓ Question regarding the Pinjarra Heavy Haulage Deviation Project's Section 18 approval, potential disturbance of massacre sites, consultation with Traditional Owners, and implementation of the new Aboriginal Cultural Heritage Act 2021. The response clarifies that no Section 18 application has been received and outlines the timeline for the new Act's implementation.
AnsweredQoN 698Legislative Council
QuestionView source ↗
I refer to the Pinjarrra Heavy Haulage Deviation Project, and I ask: (a) on what date did the Minister provide section 18
approval for this project; (b) how can the Minister guarantee that the Pinjarra Heavy
Haulage Deviation project won’t disturb the Pinjarra Massacre sites; (c) what confidence can Traditional Owners have in
the consultation process that was followed by Main Roads Western Australia, given the vast
majority of Traditional Owners oppose development in the area, yet the
Government seems to believe that there is community support for this project; (d) will the Government commit to a review of the Section
18 approvals in light of extensive community opposition and work with
Traditional Owners to obtain their free, prior and informed consent under the
new Aboriginal Cultural Heritage Act 2021 ; and (e) what is the timeline for implementing the new
Aboriginal Cultural Heritage Management Code and Aboriginal Cultural
Heritage Management Plan?
approval for this project; (b) how can the Minister guarantee that the Pinjarra Heavy
Haulage Deviation project won’t disturb the Pinjarra Massacre sites; (c) what confidence can Traditional Owners have in
the consultation process that was followed by Main Roads Western Australia, given the vast
majority of Traditional Owners oppose development in the area, yet the
Government seems to believe that there is community support for this project; (d) will the Government commit to a review of the Section
18 approvals in light of extensive community opposition and work with
Traditional Owners to obtain their free, prior and informed consent under the
new Aboriginal Cultural Heritage Act 2021 ; and (e) what is the timeline for implementing the new
Aboriginal Cultural Heritage Management Code and Aboriginal Cultural
Heritage Management Plan?
AnswerView source ↗
Answered
10 May 2022
Responded by
Minister for Emergency Services representing the Minister for Aboriginal Affairs
Response time
1 days
Advice was sought from the Department of Planning, Lands and Heritage as detailed below.
(a)-(c) The Department of Planning, Lands and Heritage has not received a section 18 application for the Pinjarra Heavy Haulage Deviation Project.
(d) Under the Aboriginal Heritage Act 1972, the Minister for Aboriginal Affairs does not have the ability to review consents granted pursuant to section 18 of the Act.
(e) Templates for the new Aboriginal Cultural Heritage Management Code and Aboriginal Cultural Heritage Management Plan are the subject of a co-design process currently being undertaken to support implementation of the new Aboriginal Cultural Heritage Act 2021 . The process is being overseen by the Aboriginal Cultural Heritage Reference Group with a view to the new system coming into effect in mid-2023.
(a)-(c) The Department of Planning, Lands and Heritage has not received a section 18 application for the Pinjarra Heavy Haulage Deviation Project.
(d) Under the Aboriginal Heritage Act 1972, the Minister for Aboriginal Affairs does not have the ability to review consents granted pursuant to section 18 of the Act.
(e) Templates for the new Aboriginal Cultural Heritage Management Code and Aboriginal Cultural Heritage Management Plan are the subject of a co-design process currently being undertaken to support implementation of the new Aboriginal Cultural Heritage Act 2021 . The process is being overseen by the Aboriginal Cultural Heritage Reference Group with a view to the new system coming into effect in mid-2023.
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