Local government leaders slam Aboriginal cultural heritage laws as State Government announces it’s scrapped

Local leaders have slammed the State Government’s handling of controversial Aboriginal heritage laws, saying the decision to scrap it was the only appropriate way forward from the mess. The Cook Government was set to announce on Tuesday that it had decided to repeal the legislation just five weeks after it came in, in favour of an enhanced version of the preceding 1972 Act, including giving traditional owners rights of appeal. WA Local Government Association president and Morawa Shire president Karen Chappel said the sector was “very disappointed” they weren’t acquainted of the changes. She said WALGA was not consulted with about the proposed changes despite putting resources into the Act since 2018 and being at the front line of the reforms. Ms Chappel said local governments were looking for clarity to function appropriately in what had been a confusing time. “We need to understand what the rules are, we’re looking to hear from the government what their plans are so we can make sure our members know what they’re working with,” she said. “There has been an incredible amount of angst and confusion.” Other local government representatives have voiced their criticism towards the Act, including City of Greater Geraldton Mayor Shane Van Styn, who said it was not surprising to see the “unworkable laws repealed” given the lack of consultation, deliberation and protection of property rights. “Rushed laws are bad laws. People’s property rights are fundamental in our society,” he said. “This law was terrible and shows exactly what happens when a government gets arrogant and doesn’t listen to people.” Mount Magnet Shire president Jorgen Jensen said the Act was well past the point of repair, with “scrapping and rewriting” being the only acceptable path forward. “It’s a massive overreach by government into property rights and private business,” he said. “The costs alone were beyond excessive, and the process was beyond the capacity of most pastoralists and mining exploration companies to adhere to without major delays or cancellation of projects.” WAFarmers Federation chief executive Trevor Whittington said Premier Roger Cook had woken up to a flurry of industry and community concerns amid the announcement. “We’ve got a Premier that can do the hardest thing any Premier has to do, which is change position,” he said. “That’s a good sign and we look forward to working with him on the reset.” Yamatji Marpla Aborginal Corporation CEO Simon Hawkins said it was frustrating the State Government’s “poor judgement and mishandling” of the reforms would come at the expense of traditional owners and their cultural heritage. “Directly, if the ACHA is repealed, Aboriginal people are once again put in limbo in relation to not knowing what is going on, as well as the threats this will create in terms of protecting their cultural heritage sites,” he said. “Indirectly, as we have seen play out in the media, they can be viewed as the source of a problem that was actually wholly created by government and its impatience to forge ahead with flawed legislation — despite the warnings not to from multiple stakeholder groups.” Nationals and Opposition Leader Shane Love said while the State Government spoke to interest groups behind closed doors, landholders, businesses and everyday people had been left in limbo over their future. A key amendment will reportedly be allowing Aboriginal groups to appeal ministerial approvals to damage cultural heritage, known as Section 18s. It’s also understood projects given the green light in areas containing Aboriginal heritage would be forced to inform the State Government of any new discoveries that might merit a reconsideration. The new requirement is being referred to within government circles as the Juukan amendment because its mandatory reporting stipulation would have prevented Rio Tinto’s destruction of the Aboriginal sacred site which sparked the legislation overhaul.