‘Implementation group’ to iron out issues arising from Aboriginal heritage laws

Membership of a cross-sector “implementation group” tasked with ironing out issues arising from new Aboriginal heritage laws has finally been bedded down — nearly a week after the updated Act came into effect. Draft terms of reference seen by The West Australian reveal the objectives of the group are to “share information on emerging implementation issues”, discuss potential solutions and inform a review promised by Aboriginal Affairs Minister Tony Buti one year into the operation of the new regime. Those discussions will remain strictly confidential, with members barred from “any public statements” that relate to the deliberations of the group. Department of Planning, Lands and Heritage director general Anthony Kannis will chair the group, which has invited representation from the Chamber of Minerals and Energy, Australian Minerals and Exploration Association, Urban Development Institute of Australia, Property Council, Pastoralists and Graziers Association, WA Farmers Federation, WA Local Government Association and Main Roads WA. Also invited to take part are four Aboriginal corporations: Nyamba Buru Yarwuru (Kimberley), Tjiwarl (Goldfields), Yindjibarndi Ngurra (Pilbara) and Whadjuk (Perth). The National Native Title Council will also have a seat at the table, as will co-chairs of the Aboriginal Cultural Heritage Council Ken Wyatt and Irene Stainton. The West Australian understands the group will meet for the first time next Friday. “The inaugural Aboriginal Cultural Heritage Implementation Group… will work collaboratively to identify any issues arising from the implementation of the Aboriginal Cultural Heritage Act 2021… and discuss potential solutions and responses,” the terms of reference state. “The Western Australian Government has committed to delivering a 12-month review of Regulations that support the Act as part of the implementation process. “The work of the Implementation Group will be fed into that review. “Membership of the Implementation Group is by invitation to those peak industry bodies and other associations that represent the biggest users of the new Aboriginal cultural heritage system, in addition to representatives from the Aboriginal community and government. “Additional members may be invited at the discretion of the Minister for Aboriginal Affairs.” The group will meet for an initial six month period, with the frequency of those meetings one of the first orders of business to be decided next week. The implementation group was announced by Premier Roger Cook in late June, shortly before the updated Aboriginal heritage rules came into effect and amid sustained criticism over what the Opposition has called a rushed and shambolic rollout. Some of the fiercest backlash has come from Pastoralists and Graziers Association Tony Seabrook, who started a parliamentary petition that, in the space of a fortnight, obtained nearly 30,000 signatures calling for a six-month delay to the start date of the Act. Mr Seabrook then controversially claimed the new laws should be ripped up and re-written because of their potential impact on landowners – a view not shared by the Opposition, which has repeatedly stated support for the “intent” of the Act but raised concerns about the late release of regulations and documents explaining the detail.