WA seeks Aboriginal heritage regulations consultation

One month after the Western Australian Government announced that it would be restoring the Aboriginal Heritage Act 1972, draft regulations to the bill are now up for consultation.

The Aboriginal Cultural Heritage Act 2021 came into effect in July 2023, but according to industry leaders, farmers and community members, the new legislation was confusing and complicated.

Following public workshops, education sessions, and consultation with key stakeholders, the Government made the decision to revert back to the original 1972 Aboriginal Heritage Act, with some key amendments.

Draft regulations have now been released for stakeholder consultation on the Aboriginal Heritage Legislation Amendment and Repeal Bill 2023, which will repeal the 2021 Act and support a return to an improved 1972 Act.

The Bill proposes a number of targeted and important amendments to improve the Aboriginal Heritage Act 1972, including equal rights of review and requirements to report new information about an Aboriginal site.

Parliament will introduce additional technical amendments next week that give effect to feedback received since the Bill was drafted.

“The WA Government listened to community feedback and announced our intention last month to put alternate legislation in place,” WA Minister for Aboriginal Affairs Tony Buti said.

“We are well advanced in delivering on that commitment with a Bill pending debate in Parliament, and draft regulations and key policy documents developed.

“I am pleased to be able to share the draft regulations and policy guidance with Aboriginal organisations, industry groups, implementation group members and other key stakeholders to obtain their feedback while the Bill is under debate.

“Ultimately, our aim is to implement the new system as soon as practically possible once the Bill is considered and passed by the House.”