WA Premier Roger Cook scraps months-old Aboriginal heritage law

WA Premier Roger Cook has “apologised” for burdensome Aboriginal heritage laws scraped just 39 days after they were introduced.

The West Australian government will formerly scrap a controversial new Aboriginal heritage law only 39 days after it was introduced. Picture: NCA NewsWire /Philip Gostelow

The West Australian government will formally scrap a controversial new Aboriginal heritage law only 39 days after it was introduced.

Premier Roger Cook announced on Tuesday the government would revert back to existing laws with “simple and effective” amendments.

“The laws went too far. They were too prescriptive, too complicated, and placed unnecessary burden on landholders,” Mr Cook said.

“I understand the legislation has unintentionally created stress, confusion, and division in the community – I am sorry for that.”

Mr Cook said were introduced to ease concerns about the possibility of a repeat of the 2020 Juukan Gorge disaster.

The “disaster” saw mining giant Rio Tinto legally blast a sacred rock shelter in WA’s Pilbara region.

Mr Cook said the government by reverting back to the former Act would restore consensus in the heritage process.

“By reverting to the original 50-year-old legislation, we can reset and all the confusion and importantly strike the right balance,” he said.

“We can ensure Aboriginal cultural heritage is valued and protected and with simple amendments.

“We can deliver a common sense approach and prevent another incident like Juukan Gorge.

“Property owners can continue to operate and manage their property like they have for the past 50 years.

“(Taht is) without any fear of unknowingly disrupting cultural heritage sites.”

Under the changes, landowners will no longer be required to undertake their own heritage survey.

Mr Cook said he was “sorry” for the laws which he said were “too complicated”. Picture: NCA NewsWire /Philip Gostelow

Aboriginal Affairs Minister Tony Buti said the government had received “significant representations” regarding the complexity of the 2021 Act.

Mr Buti said that among the changes that will be introduced were the removal of a “tiered approval system”.

The Section 18 process will be strengthened and will provide the same traditional landowners with the same right to appeal as landowners.

“(The) changes mainly impacted minors and government whose work most impact cultural heritage,” Mr Buti said.

“These amendments to the Section 18 process will provide traditional owners with the same rights of appeal as those given to land proponents.”

Mr Buti said the reversion will still require a landowner to notify the government if they became aware of information about Aboriginal sites.

The 2021 Aboriginal Cultural Heritage Act took effect on July 1 as a replacement to laws that have existed for 50 years.

It came after then-Premier Mark McGowan committed to completing an overhaul of the 2017 act more than five years ago.

Extensive stakeholder meetings and information sessions attracted more than 1500 people before the Act was finally passed.

Nonetheless, the Act faced pushback from WA’s powerful farming sector, which grappled with onerous new requirements.

More to come.

Originally published as WA Premier Roger Cook scraps months-old Aboriginal heritage law