Controversial Aboriginal cultural heritage laws to be officially repealed after Bill passes Upper House

WA’s inflammatory updated Aboriginal cultural heritage laws will be officially repealed next month, concluding what has been an embarrassing saga for the Cook Government. A Bill scrapping the Aboriginal Cultural Heritage Act 2021 and making a series of amendments to the 50-year-old regime that will instead remain in force passed the Legislative Council on Tuesday night. Premier Roger Cook was forced to bin the new laws in August – just one month into their operation – following an outpouring of anger from impacted stakeholders, particularly farmers and pastoralists struggling to understand the complex and onerous new requirements placed on their properties. The 2021 Act captured every property larger than 1100sqm, requiring even residential owners to ensure there was no Aboriginal heritage present on their land before undertaking major redevelopment. When announcing the updated laws were being abandoned, Mr Cook apologised to West Australians for the “stress, confusion and division” the Bill had caused while admitting the laws “went too far”. He also unveiled a series of amendments to the existing 1972 Act, headlined by allowing traditional owner groups to appeal approvals to damage cultural heritage granted through the long-standing Section 18 process that cleared the way for Rio Tinto to legally blast Juukan Gorge in 2020. Landowners that discover new Aboriginal heritage after obtaining a Section 18 approval will be legally required to notify the Government. Gag orders stopping Aboriginal groups that have signed agreements with a project proponent from raising future heritage concerns will also be outlawed. Mr Cook said the repeal Bill would be proclaimed – which officially brings it into effect – in “around about mid-November”. “We want to get on and implement these laws as quickly as possible to make sure that we can bring in a new regime,” the Premier said. “A regime that works with Aboriginal people so that they can improve their oversight of Aboriginal cultural heritage, can be more involved in the discovery and the protection of Aboriginal cultural heritage and works with industry to make sure that Aboriginal cultural heritage is managed in an appropriate way.” Shadow planning minister Neil Thomson said the repeal was a “victory for people-power and common sense”. “The Labor Party refused to listen until it was forced to change by overwhelming opposition in the community and this serves to highlight the importance of people being engaged for the sake of our future,” he said. Opposition Leader Shane Love called for the government to proclaim the repeal Bill as soon as possible. “After a period of confusion followed by extended inaction by the Cook Labor Government, the time has come for (Aboriginal Affairs Minister) Tony Buti to rectify this situation,” Mr Love said. Dr Buti said his aim was to implement the updated 1972 Act “as soon as practically possible”. “We listened to community feedback and worked to keep the restored process for managing and protecting Aboriginal cultural heritage simple – to focus on important amendments that will prevent another Juukan Gorge tragedy without adding complexity and confusion,” he said.