Certainty key for Aboriginal Heritage Act decision: CME

The Chamber of Minerals and Energy of Western Australia (CME) chief executive officer Rebecca Tomkinson has emphasised that consultation, certainty and clarity should be the key focus of the updated Aboriginal Heritage Act 1972.

The Western Australian Government announced this week that it would repeal the Aboriginal Cultural Heritage Act 2021 (ACH) and restore the Aboriginal Heritage Act 1972 due to confusion and uncertainty around the new legislation.

“Certainty of regulation is important to maintaining our state’s reputation as a safe and stable jurisdiction to invest,” Tomkinson said.

“It was not unexpected that the new ACH framework would require modifications during implementation, and we welcomed the Government’s commitment to take action and address issues as they arose.

“We remain committed to working with the Government to ensure there is a functional regime in place which ensures Aboriginal people have an active role in managing their own heritage while also providing certainty for sustainable industry development.”

Under the 2021 legislation, WA landowners would be required to check if cultural heritage sites were present on the land before undertaking anything which may compromise the sites, prompting confusion from parties.

Following public workshops, education sessions, and consultation with key stakeholders, the Western Australian Government made the decision to revert back to the original 1972 Aboriginal Heritage Act, with some key amendments, including the newly formed Aboriginal Cultural Heritage Council taking on the tole of the committee.

“CME welcomes the Government’s announcement that it will continue to work with the Implementation Group during the transition period,” Tomkinson said.

“The ultimate aim is for a balanced approach that safeguards heritage values and supports Western Australia’s economic growth and prosperity.”