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WA tables new Aboriginal Heritage Bill in Parliament

17th November 2021

By: Esmarie Iannucci

Creamer Media Senior Deputy Editor: Australasia

     

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PERTH (miningweekly.com) – The Western Australian resources sector has welcomed a new Aboriginal Cultural Heritage Bill introduced into state Parliament on Wednesday.

The Bill removes the controversial Section 18 approvals process which currently exists under the Aboriginal Heritage Act 1972, and in line with Native Title laws, the new Bill focuses on agreement making with Traditional Owners to ensure Aboriginal people can negotiate outcomes for projects and opportunities on their lands.

The Bill also 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 in fact fully informed. Consent must be given voluntarily and the process cannot involve any coercion, intimidation or manipulation.

Traditional Owners will also be able to apply to have a really important area 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.

"This new Bill is the most progressive cultural heritage legislation in the country,” said Premier Mark McGowan.

"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.

"Western Australia is home to some of the world's most rich and diverse Aboriginal cultural heritage sites. This Bill finally puts Traditional Owners at the heart of decision-making about the management and protection of these sites." 

The Bill incorporates feedback from more than 100 workshops and information sessions attended by more than 1 400 people, 150 targeted and individual stakeholder meetings and more than 380 submissions. 

"Australia has one of the oldest living cultures in the world and protecting the heritage of Aboriginal people is integral to understanding our past, and building a stronger future for Western Australia,” said Aboriginal Affairs Minister Stephen Dawson.

"The Aboriginal Cultural Heritage Bill 2021 has been three years in the making to reform 50-year-old legislation, align with Commonwealth Native Title laws and most importantly, give Aboriginal people the right to make decisions on matters impacting their cultural heritage.

"These laws build on the many successful examples of collaboration between Aboriginal people and industry and empower Traditional Owners to negotiate agreements that can deliver broad outcomes and benefits for their communities.

"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."

The Chamber of Minerals and Energy of Western Australia (CME) has welcomed the introduction of the Bill, with CEO Paul Everingham saying the passage of the legislation would mark a major milestine in a more than three-year-long process to modernise Aboriginal cultural heritage legislation in the state.

“It’s been well-documented that the existing Aboriginal Heritage Act 1972 is outdated and no longer meets community expectations, yet previous attempts at reform have failed. Introduction of this new legislation is an opportunity for Western Australia to deliver the most modern and robust framework for Aboriginal cultural heritage management in Australia, and be truly world-leading.

“This latest iteration of the Aboriginal Cultural Heritage Bill is one that WA’s mining and resources sector can work with.

“That said, this new framework will require significant adjustment from all stakeholders. Change of this scale is complex, and the challenge ahead to deliver on the potential set out in the Bill should not be underestimated.

“CME and its member companies will spend some time reviewing this legislation in its entirety.”  

Everingham said strong relationships between mining and resources companies and Traditional Owners were fundamental to delivering benefits for all parties.

“We acknowledge that our industry hasn’t always got things right, at times with deeply regrettable consequences.  Our commitment remains to invest in long-term relationships for mutual benefit through agreement-making and ongoing dialogue which responds to the priorities of local Indigenous people,” Everingham said.

“Traditional Owners and Custodians make an important contribution to the economic prosperity of all Australians by enabling development on their lands, and the resources sector takes the responsibility of these partnerships extremely seriously.”

The Association of Mining and Exploration Companies (Amec) said that the introduction of the Bill would provide a long overdue update to the existing legislation.

“If enacted, this Bill will bring an end to Section 18 clearance processes and will set a new standard for the protection of cultural heritage in Western Australia,” said Amec CEO Warren Pearce.

“The Bill sets an extremely high standard for engagement and agreement making between our industry and Traditional Owners. And while it will apply to all industries, the mining and exploration industry will clearly be the one most effected by the changes.”

He noted that much of the detail of how the legislation will operate is still to be determined through an ongoing co-design process, with Traditional Owners, government and industry.

Critical to the interest of mineral explorers will be determining the new requirements for exploration activities, the arrangements and costs for heritage surveys and other services, and the timeframes for consultation and agreement-making processes.

“These changes will be much more demanding on mining and exploration companies and will slow the process of exploration and development,” said Pearce.

“Industry will continue to call on both the Commonwealth and state governments to provide greater resourcing to prescribed body corporates for support in undertaking the significant new responsibilities they will be responsible for under this new legislation.”

“While much about this new process and how it will work is still uncertain, the mining and mineral exploration industry will approach these changes constructively and continue to work closely with Traditional Owners.

“The true test for the success of this legislation will be in its implementation, and whether all parties can work together to reach agreements that balance the protection of cultural heritage and the shared opportunities that come from mineral exploration and mining,” said Pearce.

Edited by Creamer Media Reporter

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