New Aboriginal heritage laws ‘shut down’ tree planting event

A well publicised event to plant trees at Wonthella Bush Reserve was cancelled due to confusion caused by WA’s new heritage legislation.

Geraldton Mayor Shane Van Styn.

Updated Aboriginal cultural heritage laws in WA have reportedly stopped a tree planting event to commemorate the late Queen Elizabeth II at the weekend.

Geraldton mayor Shane van Styn said a well publicised, planned event to plant trees at Wonthella Bush Reserve - an area damaged by a deliberately lit fire last year - had to be cancelled due to conflict and confusion caused by WA’s new heritage legislation, a week after it came into effect.

Mr van Styn said he “shut down” the project to help mark the late Queen’s Jubilee after a local resident raised last minute concerns regarding the area, which is located about 425km north of Perth.

“Despite checking the site online prior, for any Aboriginal heritage, of which there was none, a respected local knowledge holder shut down proceedings on the basis of ground disturbance and the new Aboriginal Cultural Heritage Act and the ‘significance’ of the site to the family,” Mr van Styn said.

“Their efforts were (also) part of restoring the remnant bush land.

“This is the first use of powers of entry and stoppage we are aware of under the Act, despite technically not being an official Aboriginal Inspector under the Act as no local Aboriginal Cultural Heritage Services has yet been created to appoint them as such. So some confusion is now in play.”

Aboriginal Affairs Minister Tony Buti confirmed to The Australian the Elder acted without authority and has now called for the Department of Planning, Lands and Heritage to “investigate further”.

“The modernised laws did not allow for the Elder to shut down the event,” Mr Buti said. “The modernised laws do not provide authority for anyone to shut down an event.

“It’s important to note that a situation like this could have occurred for the past 50 years under the old legislation - and although rare, it has occurred in the past.

“The modernised laws now provide practical exemptions.

“In this rare event, we understand the Mayor decided to respectfully acknowledge the Elder’s wishes and defer the event,” he said.

The roll out of the new laws, drafted in a bid to prevent another Juukan Gorge disaster, were rushed through WA’s parliament in a matter of days in late 2021 during the pandemic.

The implications of the move went largely unrealised until the release of regulations outlining the details in early April – just three months before the legislation was introduced.

Key documents, such as guidelines for surveys commissioned to identify and manage Aboriginal cultural heritage, were only made public a fortnight before the laws were implemented last week.

The Cook government is also yet to establish the 40 Local Aboriginal Cultural Heritage Services - the planned “one-stop shops” that will consult with traditional land owners, farmers, resource companies and landowners of more than 1100 sqm wishing to alter or make additions to their property, like building a veranda or altering a fence line.

An online petition signed by close to 30,000 people calling for the WA government to delay the roll out of the new laws was ignored.

This incident in Geraldton comes on the eve of federal Indigenous Affairs Minister Linda Burney’s visit to regional WA where she will meet with organisations in rural areas like Albany and Port Hedland to promote the Indigenous voice to parliament.