Hon Neil Thomson questions the government on financial implications of repealing the Aboriginal Cultural Heritage Act 2021, specifically regarding cost recovery, LACHS reimbursement, and compensation for landowners. The government outlines the discontinuation of the cost recovery mechanism and support shift to native title groups.

AnsweredQoN 753Legislative Council
Asked
8 August 2023
Portfolio
Aboriginal Affairs

QuestionView source ↗

ABORIGINAL CULTURAL
HERITAGE ACT — REPEAL
753. Hon NEIL THOMSON to the Leader of the House representing the
Minister for Aboriginal Affairs:
I refer to proposed changes to the
Aboriginal Cultural Heritage Act.
(1) How will the
government deal with the $8 million of predicted higher fees and charges for
the Department of Planning and Heritage associated with the ACH act, reflecting
cost recovery for local Aboriginal cultural heritage services?
(2) Will LACHS be
reimbursed for any expenses incurred, which cannot be realised under the new
regime?
(3) Will the
state reimburse land owners and proponents for any expenses incurred over the
failed laws?

AnswerView source ↗

I thank the honourable member for
some notice of the question.
(1) The cost
recovery mechanism that was established under the Aboriginal Cultural Heritage
Act 2021 will not be continued with the repeal of that act.
(2) LACHS will not continue; instead support will be
provided to existing native title groups, including the relevant
prescribed body corporate, registered claimants or native title representative
bodies, to improve capacity.
(3) Any expenses
incurred relate to the existing legislative process established by the ACH act,
which is currently law. It will be for individual proponents to determine
whether they wish to proceed with any applications under the ACH act or wait
for the amended Aboriginal Heritage Act 1972 to be passed.

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