Article by Danielle Le Messurier courtesy of the West Australian.
The biggest changes to Aboriginal heritage law in WA’s history officially take effect today and many businesses remain befuddled over what it all means.
The first major test for the Cook Government has not gone well, judging by the level of backlash over the Aboriginal Cultural Heritage Act from miners, farmers and Indigenous groups.
The shambolic rollout was on full display this week, with the Government continuing to tweak the laws right up to the 11th hour amid growing pressure but opposing calls for a delay.
Some of that tinkering — particularly the commitment for a “light touch” approach to enforcing the new rules for the next year, an implementation group and an “education first” approach — will allow companies to go about their business without the fear of a fine hanging over their head.
The Government also agreed to a one-year reprieve for more rigorous requirements to Indigenous heritage surveys after hastily taking down guidelines following concerns from industry, as revealed by The West Australian.
Why all this had to be done the week before the new system was due to be brought in defies logic.
Granted, WA Aboriginal heritage laws, which date back to 1972, are extremely complex.
However keep in mind the incoming laws were first drafted in 2020 under then-aboriginal affairs minister Ben Wyatt — this is not something that has been concocted overnight.
No one wants to see a repeat of Juukan Gorge, which was facilitated through the Section 18 process under the previous act and added weight to the reforms.
But while most companies support the need to strengthen heritage protections they have been left bamboozled by the messy implementation process.
Some miners feel they have reached a stalemate. They say they have no choice but to work with the laws even with their outstanding concerns, such as the absence of Local Aboriginal Cultural Heritage Services, because putting them on the backburner would only create more headaches for projects.
Organisations were on Friday putting out material to better explain the incoming changes to their members, including the Association of Mining and Exploration Companies and the Chamber of Commerce and Industry WA.
We can only hope the Government is doing the same, given how busy it has been seemingly making policy on the run this week.
Even with the last-minute changes, don’t bank on a smooth rollout.
