Here's everything you need to know about the WA government's backdown on its #Aboriginal Cultural Heritage laws
By Jake Sturmer
Posted Tue 8 Aug 2023
"The WA government's 2021 changes were supposed to prevent what it described as a 'global embarrassment' from ever happening again.
"Instead, the Aboriginal Cultural Heritage Act has left many farmers confused and traditional owners frustrated.
"After just five weeks in operation, the government has backflipped — trying to stem the political bleeding that is tainting WA's new premier and now muddying the waters of the Voice referendum debate.
So what's changing?
"It's important to remember that any activities that could damage Aboriginal cultural heritage still need approval.
"The old-but-soon-to-be-new 1972 act meant the minister had to tick off on every action no matter how minor — known as a Section 18 approval.
WA premier announces repeal of Aboriginal Cultural Heritage laws
"Just five weeks after being legislated, Roger Cook announces the WA government will be scrapping its #AboriginalCulturalHeritageLaws.
"The 2021 act created a system of tiers and approvals.
"Want to build a fence with no clearing? No approval required.
"New #mine site with deep excavation? You'll need a management plan that has to be ticked off by a local Aboriginal organisation at your expense.
"But the government acknowledged these tiers have caused massive confusion and will therefore be scrapped.
"There were reports the rules would have prevented everything from gardening to installing a swimming pool, building a garage or burying a pet in the backyard.
"In fact, such activities were exempt, as were all properties smaller than 1,100 square metres.
"So it's no surprise the biggest outcry came from farmers.
How will another Juukan Gorge be prevented?
"When landowners requested to damage or destroy heritage sites, they needed one of those #Section18 approvals from the minister.
"If the minister rejected that, developers had a right to appeal but traditional owners did not.
"As part of the government's backflip, it will amend the laws to give a right of appeal to the native title party whose cultural heritage is impacted.
"Developers will also have to bring any new heritage information to the government's attention."