Western Australia has scrapped controversial new Aboriginal heritage laws implemented only five weeks ago.
Premier Roger Cook acknowledged on Tuesday that the overhauled Aboriginal Cultural Heritage Act ‘went too far’, sparking widespread public outrage.
He admitted that his government’s legislative response was ‘wrong’ and apologised for the ‘stress, confusion and division’ caused in the community.
The new act passed 18 months ago but only came into effect on July 1 will be abolished and the 1972 act restored with ‘simple and effective amendments’.
Amendments to the 51-year-old laws were raised in state parliament on Tuesday.
Protestors gathered outside the WA state parliament building on Tuesday after the government axed controversial month-old Aboriginal cultural heritage laws
Western Australia’s decision to dump the new laws comes after the annual Garma Festival (pictured) wrapped up in northeast Arnhem Land, Northern Territory
‘The decision has not been taken lightly. It has been made based upon the best legal advice and after detailed discussion and analysis of the many options,’ Mr Cook said.
‘Put simply, the laws went too far. They were too prescriptive, too complicated and placed unnecessary burdens of everyday Western Australian property owners.’
‘Today’s announcement is about listening to the people of Western Australia.
‘It’s about carefully considering the circumstances in front of us.’
‘Importantly, all property owners can continue to operate and manage their property.
‘Just like they have for the past few years without any fear of unknowingly disrupting cultural heritage sites.’
The Premier denied he was pressured by the federal government to abandon the new laws passed by parliament 18 months ago, long before he recently took over the reigns from Mark McGowan.
‘What I’m trying to do is make sure that we are a government that listens … Listen to the concerns of the community,’ Mr Cook added.
The surprise backflip follows the WA government’s briefing with big resources companies and Indigenous groups last week.
It also follows the annual four day Garma Festival held in NT northeast Arnhem Land, where prime minister Anthony Albanese delivered his strongest and most impassioned defence of the Voice to Parliament referendum.
WA Premier Roger Cook has abolished the state’s controversial new Aboriginal Cultural Heritage Act laws which sparked widespread outrage and confusion
Mr Cook on Tuesday said the heritage laws went too far, were too complicated and placed unnecessary burdens on property owners (pictured, protestors outside WA parliament)
While many have welcomed the scrapping of the new laws, others aren’t so happy.
Farmers are among those who support the backflip.
‘They’ve been paralysed with fears of a up to $10 million fine and jail and not being able to get on with the business of running their farms in the manner they’re use to doing so,’ John Hassell from WA Farmers told Nine News.
But many Indigenous groups, including the traditional owners representing Juukan Gorge – the site of the mining disaster in 2020 are devastated.
‘Very disappointing, very saddened,’ cultural consultant Michelle Nelson-Cox said
‘It’s not so much a slap in the face, it’s more a stake to the heart.’
The new Aboriginal Cultural Heritage Act laws came into effect on July 1 after the WA government resisted persistent calls from farmers and the state opposition to delay.
WA’s previous laws dated back to the 1970s and notably allowed the state’s Aboriginal affairs minister to grant land users permission to disturb cultural heritage sites.
Roger Cook denied he was pressured by the federal government to dump the new laws. Pictured is prime minister Anthony Albanese at the Garma Festival in East Arnhem
The new laws included tougher penalties for damaging sites of traditional significance with many rivers, creeks and other tributaries are now considered ethnographic sites, requiring the highest level of assessment to change.
Confusion over the laws resulted in several major tree-planting events being cancelled in Perth following a demand by an Aboriginal corporation for a payment of $2.5 million in exchange for their approval.
Rio Tinto had ministerial approval in 2020 when it blew up the 46,000-year-old Juukan Gorge rock shelters in WA’s Pilbara region, sparking global condemnation and devastating traditional owners.
The new system had abolished the Section 18 approvals process and placed an emphasis on agreements between land users and traditional owners.
But there were deep concerns about the compliance requirements, some of which were only made clear days before the laws came into effect.
Work on the controversial laws began after mining giant Rio Tinto destroyed the 46,000 year old Juukan Gorge rock shelters in 2020, which sparked a global controversy
‘The Juukan Gorge tragedy was a global embarrassment for Australia, something needed to be done,’ Mr Cook told reporters on Tuesday.
‘But our legislative response was wrong.’
‘We got the balance wrong and what we did hasn’t worked.’
A ‘common sense’ fairer, simpler model would be established with industry in the coming weeks.
‘The concept of local Aboriginal cultural heritage services or LACHS will not continue,’ the Premier added
The government will also undertake, with landowners’ consent, periodic surveys of unsurveyed areas in high-priority areas of the state over the next decade.
