Petition calls on WA Government to delay roll out of Aboriginal Cultural Heritage Act

Opposition MPs and farm lobby groups have mounted a last ditch appeal calling on soon-to-be Premier Roger Cook to delay the introduction of the WA Government’s new Aboriginal Cultural Heritage Act. The Act, which takes effect on July 1, aims to give Aboriginal people a greater say in managing their cultural heritage and prevent another incident like Rio Tinto’s blasting of Juukan Gorge in 2020. But farmers and pastoralists — who will have to follow a complicated and potentially costly process before carrying out basic tasks like fencing or deep ripping — fear it will leave them entangled in red tape. The Pastoralists and Graziers Association of WA was preparing to launch an online petition on June 6 — the same day Mr Cook was due to be elected WA Labor’s leader — demanding the roll-out be delayed by at least six months. THE PETITION “The Act will create a new, unique and untested approvals system for which there is no capacity at this time to seek approvals online, meaning businesses, such as pastoralists, farmers, prospectors and those in civil construction, will have to cease all works until approvals, which can only be lodged after 1 July, are then processed and approved or rejected,” the petition states. “In view of this intolerable situation and risk to the WA economy, we call on the Government to delay the promulgation of the Act… to establish a working approvals system which allows for a reasonable period of online interaction, lodgement, and approval of permits.” PGA president Tony Seabrook said “the majority of farmers” were not even aware of the legislation, which was passed through Parliament in late 2021 under urgent bill provisions, until recently. “Most farmers didn’t have a bloody clue and when I told them about it they thought I was making it up,” he said. “Finally a few farmers are waking up and becoming aware of it. We’re just getting started. This is going to be huge.” Liberal MLC and shadow heritage minister Neil Thomson sponsored the petition and will present it to Parliament on June 22. After being briefed by the Department of Planning, Lands and Heritage on June 1, Mr Thomson said “the level of unpreparedness” was “disgraceful”. “In no way are we ready to implement this law given the impact on jobs, the economy, landowner activity, and the risk to business,” he said. “This is just bureaucracy gone mad and it’s going to destroy our economy — I don’t think I’m saying that too harshly.” ‘RESENTMENT AND CONFUSION’ Other MPs pushing back against the Act include opposition leader Shane Love, shadow Aboriginal affairs minister Mia Davies, Agricultural Region MLA Steve Martin, shadow agriculture minister Colin de Grussa, and deputy Opposition leader Peter Rundle. They claim the legislation is being introduced prematurely, with Aboriginal Affairs Minister Tony Buti admitting late last month that a new IT system — designed to process the expected avalanche of applications — was not ready yet. Mr Love said the Act would “cause a lot of resentment and confusion throughout WA”. “The last thing we want is to see this sensitive subject become an issue of division and anger across the community, and I call on Mr Cook to take action, and to slow down the process,” he said. “This is being rushed through on the first of July, before there’s been an opportunity to set up the necessary local Aboriginal cultural heritage groups for those First Nations knowledge holders to actually be able to address requests for surveys from landholders and land users.” One of the key changes in the Act — which replaces legislation from 1972 — is the introduction of a new administrative arm, Local Aboriginal Cultural Services (LACHS), which is tasked with assessing whether activities will cause harm to Aboriginal cultural heritage. Before applying for a permit to carry out a potentially harmful activity, landholders must engage LACHS, who will make an assessment and advise the Aboriginal Cultural Heritage Council (ACHC) on whether to grant the permit. Despite numerous groups having applied to become a LACHS, Mr Love said none had yet been approved. Ms Davies noted the Act’s regulations were only published in April, meaning there was “very little time for landowners, local governments, businesses and Aboriginal groups to prepare themselves”. ‘CONCERN AND ANXIETY’ Mr Martin said there was “an alarming amount of concern and anxiety” about the introduction of the legislation in the Eastern Wheatbelt. “The Government needs to take a step back and give farmers more time to figure out how this will impact them,” he said. “Unlike the big corporations, farmers don’t have armies of lawyers and compliance divisions to advise them. We are talking about family farms with limited resources, and this is an extraordinary level of compliance at their own cost that is being forced on them.” Mr Rundle said the Government’s “lack of communication and preparedness” had “blindsided” farmers in his electorate of Roe. “I’ve had a massive amount of feedback from the farming community and others in Esperance,” he said. “A lot of people weren’t aware of it… and now they realise the implications that it may have on their life, they’ve become very concerned. “The red tape and bureaucracy is going to grind normal farming activities into the ground.” Mr de Grussa said the Government had “failed its job of consultation”. “They held a workshop here in Esperance and no one turned up,” he said. “We asked them who was invited from the agriculture industry and they said, ‘it’s up to the agriculture industry to turn up’. “They didn’t bother to tell anyone or really promote it, because they didn’t want them there; they wanted to be able to railroad the process and get the outcome they wanted.” Mr Buti said the Government had held 75 workshops and received 223 submissions relating to the legislation. “There has been a significant opportunity for people to obtain knowledge about the Act and its impact,” he said. “We went to Katanning and only eight people appeared… In Northam, 23 people attended and in Moora, nine attended. “Those meetings still took place. If people do not come, we cannot be held responsible for that.” Mr Cook’s office was contacted for comment.