Changes looming on WA Indigenous heritage laws amid polling pushback

WA’s new Indigenous heritage rules had drawn strong opposition from the state’s farmers and pastoralists; Rio moves to reassure traditional owners over the about-turn.

WA Premier Roger Cook. Picture: NCA NewsWire / Philip Gostelow

Support in Western Australia for the Labor Party and the Indigenous voice to parliament have slumped amid the introduction of the state’s Aboriginal Cultural Heritage Act, with Premier Roger Cook expected to outline major changes to the policy on Tuesday.

The about-face on the regulations was the main topic of discussion at a cabinet meeting in Perth late on Monday.

The government is expected to scrap the new rules that came into force in July in favour of shifting to a modified version of the state’s previous 1972 Aboriginal Heritage Act.

The new rules had drawn strident opposition from WA farmers and pastoralists, who were concerned the regime would erode property rights, disrupt operations and force them to incur onerous heritage survey costs.

The rules had also been criticised by prominent Indigenous groups, who said the system did not adequately protect Aboriginal heritage.

Rio Tinto has written to traditional owners of the lands on which it mines in a bid to curb concerns of another Juukan Gorge disaster over the about turn.

The mining company, which destroyed the scared ancient site and rock shelters in WA’s Pilbara in 2020, has renewed its pledge to an “ongoing commitment to protect cultural heritage”.

The letter, obtained by The Australian, was written by senior Rio Tinto executive Cecile Thaxter on Sunday pre-empting Mr Cook overturning the contentious month-old legislation and reverting back to the 1972 laws, that may include “several proposed amendments,” she wrote.

Ms Thaxter, the vice president of the health, safety, environment and safety division of the iron ore arm of the business, moved to assure stakeholders Rio will continue champion and protect cultural heritage.

“While we await the Western Australian Government’s decision on their path forward, I want to assure you that whatever direction is taken, Rio Tito’s commitment to managing and protecting the cultural heritage of the lands on which we operate in close partnership with you remains,” Ms Thaxter said.

“We will continue to engage with the Western Australian Government to understand their perspective and advocate for a solution for the increased protection of Aboriginal cultural heritage. Irrespective of the outcome, we want to assure you of Rio Tinto’s ongoing commitment to protecting cultural heritage.”

She re-iterated the company, regardless of the political uncertainty and reported legislative backflip, will continue to honour “mutual respect, co-management arrangements, transparency, accountability, and strong relationships are essential to inform how we operate in your Country.”

The Juukan Gorge disaster was the genesis for the updated legislation which was introduced to the WA parliament in 2021 with the government using its overwhelming majority, obtained at the 2021 state election, to pass the laws with minimal scrutiny by the Liberal and National opposition.

The WA Farmers Federation met with Mr Cook and under-fire Aboriginal Affairs Minister Tony Buti on Monday morning, telling its members afterwards that they had listened and said they wanted to take on board the issues raised by the group.

WAFarmers president John Hassell said the group would still press on with its planned protest on the steps of the WA parliament on Tuesday.

“WAFarmers are proceeding with the delegation to Parliament House to make sure that the politicians understand that until the changes are legislated, then there is no change,” he said.

The government had previously vowed to push ahead with the introduction of the new system, before flagging that it would make necessary amendments if issues with the regulations were identified.

Sagging popularity in the west of the state government and the voice referendum appear to have prompted Mr Cook to act, with multiple Indigenous stakeholders and mining companies notified on Friday that changes were looming.

A Newspoll released on Monday showed that support for the Yes campaign has fallen to 39 per cent in WA, the equal-lowest of any state.

A WA government spokesman said there had been no direction from the Albanese government to abandon the laws.

On Monday, a spokeswoman for Mr Cook said the government had been working closely “with all relevant stakeholders” through the implementation of the new act.

“The Premier has made it clear that if changes are necessary, the state government will work through that with everyone impacted, consulting widely to get that balance right,” she said.

“This is what the Premier and minister are currently doing.”

The Liberal MP whose parliamentary petition calling for a delay in the introduction of the new regime garnered a record 30,000 signatures and kickstarted the public backlash, Neil Thomson, told The Australian the Cook government had fallen into a “trap of its own arrogance”.

The new laws were fast-tracked through state parliament, with the government using its overwhelming numbers in both houses to guillotine debate.

Mr Thomson said the government should ensure the changes were properly scrutinised by the parliament this time around.

“They need to ensure there is proper scrutiny and I would strongly recommend any amendments to the regulations be put through a legislative committee and that they engage widely with everybody, not just the big end of town,” he said.

News of the expected about-face has been met with frustration by Indigenous groups. WA Indigenous leaders Slim Parker, Kado Muir, Anne Poelina, Clayton Lewis and Hannah McGlade issued a statement describing the current act as a “poorly drafted law” that was ­“racially discriminatory as well as unworkable”.

They said the new act did not include effective remedies and legal redress for Aboriginal people to challenge ministerial decisions: “We need a commitment for co-design of an improved law that will better protect cultural heritage. The Premier must convene an urgent roundtable of First Nations leaders to do this.”