Cook digs in despite heritage laws mess

Editorial comment is taken by WAN Editor-in-Chief Anthony De Ceglie, article by Josh Zimmerman, courtesy of the West Australian.

He’s forged a career out of the being the Mr Nice Guy of State politics.

Premier Roger Cook is by nature a consensus politician and by his own admission wants to bring a more “collegiate” approach to governing than that of his predecessor.

There is no doubt that is one of his biggest strengths.

But with his premiership still in its infancy, it may also turn out to be one of his greatest issues.

Because he is already facing a challenge that would test even the consensus-building brilliance of Labor luminary Bob Hawke — known for his ability to get the bitterest of foes to the negotiating table — at the peak of his powers.

The State’s new Aboriginal Cultural Act, which passed into law in 2021, is due to come into effect within weeks.

There is no question the laws protecting Indigenous heritage needed to be updated.

One need look no further than the Juukan Gorge fiasco.

Yet there is almost total agreement among the State’s most important industries — mining, agriculture and property — that the State Government has botched the two-year implementation period.

They are pleading for the Act’s introduction to be delayed by six months.

An e-petition organised by Pastoralists and Graziers Association of WA president Tony Seabrook calling for a temporary reprieve has already attracted more than 25,000 signatures.

Much of the angst stems from confusion over new consultation obligations outlined in the Act, which place the onus on landowners to ensure they are not impacting sites of Indigenous significance when embarking on major developments or land use changes.

In addition, none of the specialist Local Aboriginal Cultural Heritage Services envisaged as “one-stop shops” for project proponents will be ready in time, sparking anxiety over processing delays.

The Property Council of WA wants development sites with existing permits to be exempt to prevent delays to “shovelready projects” .

The big miners have recently held crisis meetings with the State Government over their myriad concerns, including big costs imposed under the new system.

Even some Aboriginal corporations tasked with fielding requests for heritage assessments and site surveys in the interim — before the LACHS groups are properly up and running — have also raised concerns about their own resourcing, as well as the workability of the Act.

The easy thing for Mr Cook to do is stick his head in the sand and pretend these concerns do not exist.

That is what some claim happened during his time as health minister when it became obvious that the QEII Medical Centre in Nedlands was an unsuitable site for the shiny new replacement for King Edward Memorial Hospital.

Health Minister Amber-Jade Sanderson eventually had to bite the bullet and announce it will be built in Murdoch.

How Mr Cook handles the next few weeks will his first big test as Premier.

Responsibility for the editorial comment is taken by WAN Editor-in-Chief Anthony De Ceglie

 

Premier Roger Cook continues to resist pressure to push back the start date of revamped Aboriginal heritage laws despite acknowledging fears a shambolic rollout risks torpedoing support for the Voice referendum in WA.

Farmers, property developers, miners and exploration companies have all raised concerns about the July 1 implementation of the new Aboriginal Cultural Heritage Act, while more than 26,000 people have now signed a petition requesting a six-month delay.

Much of the angst stems from confusion over new consultation obligations outlined in the modernised Act, which place the onus on landowners to ensure they are not impacting sites of Indigenous significance when embarking on major development or use changes.

In addition, none of the specialist Local Aboriginal Cultural Heritage Services envisioned as “one-stop shops” for project proponents will be in place before July 1, sparking anxiety over processing delays.

Some Aboriginal corporations tasked with fielding requests for heritage assessments and site surveys in the interim have raised concerns about their resourcing as well as the workability of the Act.

Speaking on Sunday, Mr Cook said a delay “would not achieve anything” and that “conversations” were continuing with industry groups and stakeholders in preparation for July 1.

But when asked whether he worried a chaotic implementation of the new laws risked imperilling the State’s backing of an Indigenous advisory body to Parliament, Mr Cook said: “I’ve always got concerns about the Voice referendum.”

“This is an important opportunity for us to step up as a nation and really embrace our cultural history and project to the world a model of reconciliation,” he said. “So if people are interpreting the Aboriginal Cultural Heritage Act changes as part of a No vote in the Voice campaign, well that’s very concerning.”

Nationals MP Mia Davies told Parliament the rollout of the new heritage laws — the intent of which is supported by the Opposition — was a “complete shemozzle” that risked turning West Australians against the Voice. “I put on record my support for the Voice, and I am doing my bit to try to get it across the line,” she said. “I am not overegging it, but in parts of this State, people who were willing to vote Yes . . . are being hardened against it because they are dealing with this dreadful process.

“I implore the minister to consider that he is losing support, creating unnecessary angst and division, and putting pressure unnecessarily on stakeholders, including Aboriginal groups.

“All it would take is an additional six months at the least to get this back on track.”

Liberal leader Libby Mettam — who has also publicly backed the Voice — echoed Ms Davies’ concerns. “I believe Roger Cook’s poor handling of this matter is negatively impacting Western Australians’ views on the referendum on the Voice to Parliament, especially when he resorted to slurs and accused those raising genuine concerns as dog-whistling,” she said.

“The proposed Aboriginal cultural heritage law’s implementation has been an absolute mess. There is no doubt that Mr Cook’s failure to address the issues raised by landowners, miners, builders, farmers and Aboriginal groups has allowed many to link this with the Voice and influence how they will vote in the referendum.”

Legislation underpinning the mechanics of the Voice referendum will pass Federal Parliament this week. The referendum result in WA is likely to be critical to the overall outcome.

 

 

Back to top