DPLH slideshow spells out ‘challenges’ with heritage law timeframes but Roger Cook continues to resist delay

Parliament descended into an ugly slanging match on Tuesday as the Cook Government continued to steadfastly resist calls for a six-month delay to new Aboriginal heritage laws — despite revelations the agency in charge of the rollout had publicly highlighted challenges associated with the timeframe. More than 400 people, including Nationals MP Mia Davies, packed into an information session hosted by the Department of Planning, Lands and Heritage in Merredin on Monday. Ms Davies told Parliament the presentation included a slide titled “Co-design challenges” — obtained by The West Australian — that laid out a range of issues preparing the regulations underpinning the new regime, which were only publicly released shortly before Easter. They included DPLH having “less than 12 months to co-design important documents” and the fact that “not all stakeholders are across the details of the legislation”. “The Department’s own presentation during the education session admits they were under pressure to develop important documents in less than twelve months,” Ms Davies said. “They also admit the co-design process was hampered by many stakeholders’ poor understanding and familiarity with the current and new Act. “It is exactly what the Opposition and industry stakeholders have been saying for some time, and a good reason to delay the Act coming into effect for at least six months.” Ms Davies added that attendees at the Merredin meeting raised a variety of concerns about their lack of preparedness and the challenges they had faced trying to make sense of the new regulations. “Even simple questions like whether clearing trees off an existing fence line would trigger the requirement for a survey couldn’t be answered,” she said. “There are no industry specific documents to assist with frequently asked questions, the regulations and guidelines are not easy to navigate and confusion reigns over who and how to engage with at a local level to progress a project.” The updated Aboriginal Cultural Heritage Act was rushed through Parliament in November 2021, attracting bipartisan support despite Liberal and National MPs criticising the limited time they were given to scrutinise the legislation. Regulations - the fine details governing the enforcement of the updated laws - were not released until early April of this year. Since then miners, farmers, property developers and mineral exploration companies have all raised concerns, primarily about confusion over the circumstances in which they are required to consult directly with native title owners over potential damage to Aboriginal heritage, a process that in some circumstances needs a site visit and survey. The issue dominated parliamentary question time again on Tuesday, with Opposition calls for a six-month reprieve batted away by both Premier Roger Cook and Aboriginal Affairs Minister Tony Buti. “These laws will be implemented in a way which is collaborative, which is educative and makes sure that people can understand that when they need to find information, that it’s available for them,” Mr Cook said. “There’s nothing to be afraid of.” He reiterated that “like-for-like” activities - such as routine farming activities like cropping or replacing a fence - were exempt under the Act. Addressing the slide highlighted by Ms Davies, Mr Buti conceded it “certainly was a challenge” preparing the regulations but that part of the delay was to allow input from a wide range of stakeholders, including the agriculture sector. “The legislation was complex to put into regulation... but it’s been completed,” he said. “The regulations are there, so why do we need to delay?” Mr Buti said “major industry personnel” – such as Association of Mining and Exploration Companies chief executive Warren Pearce – had advocated for pushing ahead with the July 1 implementation date. “It is only by the new regime being in operation that we can iron out any issues that may arise,” he said, adding a working group made up of industry representatives would meet on a “regular basis” to address any unexpected problems. A petition launched by the Pastoralists and Graziers Association calling for a six-month delay – which will be tabled in Parliament on Wednesday – had surpassed 29,000 signatures by Tuesday evening. Mr Cook dismissed the record-breaking document as “just an e-petition”. “I thought it was actually a proper petition… it’s good to clarify that,” he said. Questions from Ms Davies over the potential impact of a shambolic implementation of the heritage laws on the Voice referendum attracted loud interjections from Labor backbenchers - and barbs from Mr Cook. “I’m not quite sure why any representative of the Liberal or National Party even cares about how this impacts on the Voice referendum. We know that you all oppose it,” Mr Cook said. “You (Liberal Leader Libby Mettam most of all. I notice of late that your positive comments in support of the Voice have almost disappeared.” Both Ms Davies and Ms Mettam have stated their personal backing for the Voice, and the WA Nationals have adopted a formal position in support of the proposed Indigenous advisory body. A motion moved by Opposition Leader Shane Love calling for a six-month delay - the second in the space of a week - was once again voted down by Labor. “We’re not calling for the Act to be stalled, we’re asking for the implementation to be stalled based on the regulations,” Mr Love said. “This is a matter of fundamental importance to the development of our State. It’s a matter that the Premier, should in his new role… have the foresight to look at the situation to make his own assessment about the implementation timeline.” Ms Mettam told Parliament Labor had “made an absolute mess of the July 1 start date”. “The guidelines aren’t ready, the website is not ready and also the (specialist Aboriginal agencies that will be tasked with carrying out heritage assessment) aren’t in place,” she said. “These are three critical ingredients which are required for the fair transition of this Act.” Mr Cook said all law changes raised questions and “in some case anxieties”. “But we are consulting, we are working collaboratively in partnership with industry groups and the community to answer everyone’s questions,” the Premier said. “These are the same laws that have been in place for 50 years but in a modern, more appropriate legal framework.”