Mr. Love questions the Premier about delaying the implementation of the Aboriginal Cultural Heritage Act due to a petition. The Premier defends the Act, highlighting its modernisation, fairness, and support from the mining industry, while reassuring the farming industry of minimal impact.

AnsweredQoN 399Legislative Assembly
Asked
20 June 2023
Portfolio
Premier

QuestionView source ↗

ABORIGINAL CULTURAL
HERITAGE ACT — LEGISLATIVE
COUNCIL PETITION
399. Mr R.S. LOVE to the Premier:
My Premier is to—my
question is to the Premier!
Several members interjected.
The SPEAKER : Order please,
members!
Mr R.S. LOVE : He is the
Premier of this state; he is clearly my Premier! We look forward to him
retiring soon!
I refer to the Legislative Council
petition with the principal petitioner being the president of the Pastoralists
and Graziers Association, with now over 29 000 signatures, asking the Premier
to pause the 1 July start date of the Aboriginal cultural heritage laws. Will
the Premier heed the call from the 29 000 Western Australians and delay the
implementation of this fraught act?

AnswerView source ↗

These laws have been called for for
many years. Many governments, including the coalition government when it was in
government, have sought to modernise the Aboriginal cultural heritage laws,
which were first struck by the Tonkin government in 1972. The opportunity,
having gone through this very long process across three different Ministers for
Aboriginal Affairs, to have these laws ready to go is an important next step
for Western Australia. These laws are simpler, these laws are fairer and these
laws provide like-for-like exemptions so that people can continue to go about their business. In addition,
the mining industry is calling for these laws to be implemented n ow.
Warren Pearce, the head of the Association of Mining and Exploration Companies,
says it has proposals ready to go and a delay would mean further restrictions
on its industry.
The
Chamber of Minerals and Energy of Western Australia and AMEC should know. They
are the ones most heavily impacted by these laws. The industry least
impacted by these laws is the farming industry. With respect, it need not be
anxious or concerned about the way these laws are being implemented. They are
being implemented in a way that is consultative and collaborative and that
makes sure that people have all the information they need to understand their
obligations under these new laws. As we have pointed out, their obligations
will not change. They have an obligation to
protect Aboriginal cultural heritage issues where they operate their businesses.
Where farmers have sown crops before, they can continue to sow crops.
Where they have grazed sheep and cattle before, they can continue to graze sheep and cattle. Where they
have had fences before, they can continue to have fences. Nothing in these laws will impact in a large way on the work that farmers currently do.
Everything that land users already do now
will be permitted under the new act and, as I said, exemptions apply for
like-for-like activities. A farmer will not require approval to plant a crop,
run livestock or replace a fence or other existing infrastructure. Existing
mining activities and maintenance of infrastructure will also be able to
proceed without approval. This will not stop work on any project already
approved or underway or that has been provided with approvals under the 1972
act. This is simply a fairer, simpler way to implement the laws that are in
place. I understand that changes are always a source of some anxiety or
concerns in how they might roll out, but I can assure the industry and members
of the public that these laws will be
implemented in a way that is collaborative and educative, and it will be made
sure that people can understand that
when they need to find information, it is available for them. There is nothing
to be afraid of here. These are the same laws we have had for the last
50 years, modernised into a modern legal framework. That means that they will
be simpler and fairer and they will work better. I think everyone will benefit
from having these laws implemented, as we intend, from 1 July so that people
can understand and become more familiar with them as they are implemented from
that date.

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