The state government will introduce its landmark Aboriginal heritage bill to parliament today despite strong opposition from major Aboriginal groups.
The Aboriginal Cultural Heritage Bill 2021 replaces the Aboriginal Heritage Act, which dates from 1972 and includes the controversial section 18 approvals process that led to the destruction of Juukan Gorge.
The government insists the new bill will deliver better protection for Aboriginal cultural heritage in Western Australia.
It has been working on the new bill for three years and engaged in extensive consultation, with more than 100 workshops and information sessions attended by about 1,400 people.
Despite this, Aboriginal groups believe the new bill will fail to place Aboriginal people at the centre of heritage protection or deliver better decision making in land use proposals.
Aboriginal groups, including Yamatji Marlpa Aboriginal Corporation, Native Title Services Goldfields and South West Aboriginal Land and Sea Council, also say the government has not provided the bill in its entirety.
A key point of concern is that the minister for aboriginal affairs will have the final say over what happens to Aboriginal sites when traditional owners and project proponents are unable to agree.
Aboriginal groups also want to remove the reliance on ‘goodwill’ that miners, pastoralists and others will be prepared to reach agreements that avoid damaging cultural heritage.
Premier Mark McGowan has described the new bill is the most progressive cultural heritage legislation in the country.
“It mandates agreement making with traditional owners, in line with Native Title laws, and allows Aboriginal people to negotiate better outcomes for projects on their lands,” he said.
The government said the bill embeds the principles of free, prior and informed consent in its agreement making processes.
This means there must be full disclosure of feasible alternative options for proposed projects to ensure traditional owners’ consent is fully informed.
The bill provides that consent must be given voluntarily and the process cannot involve any coercion, intimidation or manipulation.
It will also enable traditional owners to apply to have very important areas made a protected area – the highest protection under the law.
Both houses of Parliament will be required to approve the repeal of a protected area or any amendments to reduce the size of a protected area.
Aboriginal Affairs Minister Stephen Dawson said the proposed laws build on many successful examples of collaboration between Aboriginal people and industry.
“This bill is the result of extensive consultation which will continue throughout implementation, starting with a co-design approach to the supporting documents that will help enact these new laws,” Mr Dawson said.
In this regard, the government said it will convene a working group of traditional owners, industry and government representatives to oversee the design process for the required regulations, key documentation and tiers of activity for the consultation and agreement making processes.
Greens Senator for WA Dorinda Cox condemned the government’s latest move.
“The government claims that this bill was co-designed in equal and genuine partnership with First Nations people, but First Nations people have not been provided with the latest version and clearly will not have the opportunity before it is introduced into the state parliament,” she said.
“I am greatly concerned that First Nations languages have not been used to communicate aspects of the bill to communities or caters for information sharing in a visual way which are consistent with traditional dialogues.”
