❓ The Premier responds to a question regarding the decision to repeal the 2021 Aboriginal cultural heritage laws and revert to the 1972 Act with amendments, outlining the rationale behind the decision and assuring that the changes will prevent another Juukan Gorge incident while removing burdens on landowners.
AnsweredQoN 447Legislative Assembly
QuestionView source ↗
ABORIGINAL HERITAGE ACT —
RESTORATION
447. Ms L. DALTON to the Premier:
I refer to the government's
decision to repeal the Aboriginal cultural heritage laws and restore the
original Aboriginal Heritage Act 1972 with
simple amendments. Can the Premier outline to the house how the government's decision to revert to the original laws, which have been in place for 50 years,
will deliver a commonsense approach and help prevent another incident like the
Juukan Gorge tragedy?
RESTORATION
447. Ms L. DALTON to the Premier:
I refer to the government's
decision to repeal the Aboriginal cultural heritage laws and restore the
original Aboriginal Heritage Act 1972 with
simple amendments. Can the Premier outline to the house how the government's decision to revert to the original laws, which have been in place for 50 years,
will deliver a commonsense approach and help prevent another incident like the
Juukan Gorge tragedy?
AnswerView source ↗
I thank the member for her question
and her tireless advocacy for the people of her community, not least on this issue. I thank her and other regional members for
the great work they do on behalf of their communities, as well as all
government members who have tirelessly represented their communities'
views and concerns in recent weeks.
The Minister for Aboriginal Affairs
and I this morning announced that the 2021 Aboriginal cultural heritage laws
should be repealed. After serious consideration and consultation, it was clear
that the 2021 laws were unworkable. They were too prescriptive and too
complicated to understand. The burden on landowners, alongside the full rollout
and complicated regulations, was too much.
The original intent of the legislative reforms of 2021 was to
prevent the occurrence of another tragedy such as the Juukan Gorge incident,
and the government's commitment to delivering on that commitment is the
same. We will repeal the 2021 laws and restore the former 1972 act, but we will
do so with simple and effective amendments to ensure that it does not allow
another Juukan Gorge situation to occur. By reverting to the original 1972 act,
we can reset, end the confusion and strike
the right balance. Returning to the 1972 laws will remove unworkable exemptions introduced as part of the 2021 laws to ensure every landowner is equal. These
changes will remove the onerous burden placed on landowners. The state
government will develop a long-term plan over the next decade to conduct heritage surveys across our great state to
understand, for the benefit of the community, areas with Aboriginal cultural heritage sites, and in particular we will utilise the resources available to
support Aboriginal groups so that they can interact and engage with government
and industry in the context of these laws.
In place of the cost-recovery model
will be a fairer and simpler model that will be established with industry in
the coming weeks. Over the coming months, we
will transition away from the local Aboriginal cultural heritage services model that people are familiar with and continue to work with Aboriginal
groups, as I said, to assist them to engage with industry and government. The
important work of the implementation group that we have set up will continue to
ensure that we can transition back to the modified 1972 laws in a seamless way.
I want to be clear: the return to
the 1972 laws means that there will be no requirement on everyday property
owners to conduct Aboriginal cultural
heritage surveys. All WA property owners will continue to operate and manage
their property just like they have in the past 50 years without any fear
of unknowingly disrupting cultural heritage sites.
As Premier, I will always lead a government
that listens, consults, acts and delivers with the interests of all Western Australians
at front of mind. These changes are a way forward that acknowledges the
privilege and responsibility we all have to
protect and preserve the oldest known living culture on earth, whilst ensuring
that all Western Australians can continue to live their lives and reach
their full potential.
and her tireless advocacy for the people of her community, not least on this issue. I thank her and other regional members for
the great work they do on behalf of their communities, as well as all
government members who have tirelessly represented their communities'
views and concerns in recent weeks.
The Minister for Aboriginal Affairs
and I this morning announced that the 2021 Aboriginal cultural heritage laws
should be repealed. After serious consideration and consultation, it was clear
that the 2021 laws were unworkable. They were too prescriptive and too
complicated to understand. The burden on landowners, alongside the full rollout
and complicated regulations, was too much.
The original intent of the legislative reforms of 2021 was to
prevent the occurrence of another tragedy such as the Juukan Gorge incident,
and the government's commitment to delivering on that commitment is the
same. We will repeal the 2021 laws and restore the former 1972 act, but we will
do so with simple and effective amendments to ensure that it does not allow
another Juukan Gorge situation to occur. By reverting to the original 1972 act,
we can reset, end the confusion and strike
the right balance. Returning to the 1972 laws will remove unworkable exemptions introduced as part of the 2021 laws to ensure every landowner is equal. These
changes will remove the onerous burden placed on landowners. The state
government will develop a long-term plan over the next decade to conduct heritage surveys across our great state to
understand, for the benefit of the community, areas with Aboriginal cultural heritage sites, and in particular we will utilise the resources available to
support Aboriginal groups so that they can interact and engage with government
and industry in the context of these laws.
In place of the cost-recovery model
will be a fairer and simpler model that will be established with industry in
the coming weeks. Over the coming months, we
will transition away from the local Aboriginal cultural heritage services model that people are familiar with and continue to work with Aboriginal
groups, as I said, to assist them to engage with industry and government. The
important work of the implementation group that we have set up will continue to
ensure that we can transition back to the modified 1972 laws in a seamless way.
I want to be clear: the return to
the 1972 laws means that there will be no requirement on everyday property
owners to conduct Aboriginal cultural
heritage surveys. All WA property owners will continue to operate and manage
their property just like they have in the past 50 years without any fear
of unknowingly disrupting cultural heritage sites.
As Premier, I will always lead a government
that listens, consults, acts and delivers with the interests of all Western Australians
at front of mind. These changes are a way forward that acknowledges the
privilege and responsibility we all have to
protect and preserve the oldest known living culture on earth, whilst ensuring
that all Western Australians can continue to live their lives and reach
their full potential.
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