Liberal Senator Dean Smith says Premier Roger Cook’s new heritage laws ‘threaten agricultural success of WA’

A key member of the Federal inquiry into Rio Tinto’s destruction of Juukan Gorge has accused WA Premier Roger Cook of “over reaching into people’s backyards” with new heritage laws that “threaten the prosperity of WA”. WA Liberal senator Dean Smith, part of the 2020 parliamentary inquiry into the mining giant’s destruction of a sacred Indigenous site in the Pilbara, said there needed to be “effective Aboriginal cultural heritage laws” to avoid a repeat of the Juukan Gorge disaster. But he feared the new regulations, which come into force on July 1, could create havoc. “Premier Cook has forgotten an important aim of the new Aboriginal cultural heritage laws was to avoid a repeat of cultural heritage disasters like the destruction of Juukan Gorge three years ago,” Senator Smith said. “Instead of finding consensus, the Premier has created chaos by overreaching into people’s backyards while at the same time threatening the future agricultural and resource success of WA” He said while “Aboriginal and non-Aboriginal interests are dependent on effective Aboriginal cultural heritage laws”, WA’s plans were not the way to do it. “The clear lesson from Juukan Gorge was that the protection and maintenance of genuine Aboriginal cultural heritage required approval processes that were transparent, detailed and well known,” Senator Smith said. “The Premier’s failure to properly consult and rush the introduction of new laws creates risk, uncertainty, and delays for every project from the modest orchard gardener in Pickering Brook to our newest multi-billion-dollar resource projects in the Pilbara.” Outrage over the destruction of the Juukan Gorge led the State Government to review its Aboriginal and cultural heritage laws. The updated Aboriginal Cultural Heritage Act was passed in State Parliament late in 2021. Now new measures will include the establishment of around 40 groups, known as Local Aboriginal Cultural Heritage Services, which would give Aboriginal people more of a say in protecting areas of cultural significance. But as the start date for regulations draws near, there is confusion about what this all means for not just miners, but farmers and home owners on larger properties. Senator Smith is calling for the proposed July 1 start date to be put back. “Premier Cook’s belligerence threatens the future prosperity of WA,” he said. “There is no shame in pressing the pause button for six months to allow a more comprehensive implementation and consultation program to undertaken.” But in a statement released to The Sunday Times, Aboriginal Affairs Minister Tony Buti made it clear there would be no back down. “WA’s current legislation is outdated — it wasn’t good for Aboriginal people or land users,” he said. “It led to incidents like Juukan Gorge, which was a global embarrassment for Australia. “This new process makes it simpler and fairer, introducing practical exemptions for the first time.” Dr Buti played down the effect of new regulations on home owners. “All residential properties under 1100sqm will be exempt from the Act,” he said. “For residential lots greater than 1100sqm, there are a range of activities relating to your home, including improvements, general maintenance and small projects, such as installing a pool, veranda, garage or chicken coop that will also be exempt.” Dr Buti said the regulations would be reviewed in a year. WA Liberal leader Libby Mettam said she supported “the intent of what the new Aboriginal cultural heritage laws seek to achieve in protecting cultural heritage”. But she said how regulations would affect the mining and agricultural industries — as well as home owners — was concerning. “Premier Cook and Minister Buti’s handling of this has been poor and Western Australians are rightly confused and disappointed,” she said. “Exemptions are not clear.”