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The Aboriginal Cultural Heritage Act 2021 (ACH Act) is a law in the state of Western Australia governing the protection of Aboriginal cultural sites. It superseded the Aboriginal Heritage Act 1972 on 1 July 2023. On 8 August 2023, the Government of Western Australia announced the act would be repealed and the 1972 act reinstated. Some people saw a link between repealing the act and the incoming 2023 Australian Indigenous Voice referendum.

Background

The legislation followed a government inquiry into the destruction of an ancient heritage site, Juukan Gorge, by mining company Rio Tinto in May 2020. The process included discussions with Aboriginal people, industry experts, and the larger community. The Act was repealed on 15 November 2023 with the passing of the Aboriginal Heritage Legislation Amendment and Repeal Bill 2023.

Description

The act sought to give traditional owners increased influence in decisions over Aboriginal heritage management. Local Aboriginal cultural-heritage, native-title and other relevant bodies would play a critical role in managing and surveying heritage locations.

Concerns

Owing to the legislation's complexity, education workshops were held by the Department of Planning, Lands and Heritage, attended by hundreds of people. There were calls to delay the implementation of the legislation for six months to allow a longer period for landholders to become acquainted with their responsibilities. Nearly a month after its implementation, the planning authorities were receiving numerous phone calls and emails from farmers. Many were from users of the land looking for clarification about what activities were permitted under the new act, others wanted general advice, or technical assistance with the online service. Concerns remained about the legislation's lack of clarity, as pastoralists did not want to inadvertently break the law.

Some 29,000 petitioners called on the government to delay implementation of the law.

The Pastoralists and Graziers Association of Western Australia opposed the law.

References

1. ^ "Aboriginal Cultural Heritage Act 2021" (PDF). Western Australian Legislation. Office of Parliamentary Counsel. 22 December 2021. Retrieved 16 April 2024.
2. "Aboriginal Cultural Heritage Act phase two co-design submissions form - Citizen Space". WA DPLH. 19 August 2022. Retrieved 25 July 2023.
3. "Aboriginal Cultural Heritage reform". Western Australian Government. 4 July 2023. Retrieved 25 July 2023.
4. "WA Government to repeal Aboriginal Heritage Act". ABC News. 8 August 2023. Retrieved 8 August 2023.
5. "Has WA's Aboriginal Cultural Heritage Act been canned after Voice pressure from Albanese?". ABC News. 6 August 2023. Retrieved 6 August 2023.
6. "WA scrapping cultural heritage act done to 'shield' Voice from 'parallel criticism'". www.skynews.com.au. 3 September 2023. Retrieved 25 August 2024.
7. "WA heritage backdown will help Voice: campaign". Australian Financial Review. 5 August 2023. Retrieved 25 August 2024.
8. "Chaotic rollout of heritage laws keeping Voice down". The West Australian. 24 July 2023. Retrieved 25 August 2024.
9. "Rio Tinto blasts 46,000-year-old Aboriginal site to expand iron ore mine". The Guardian. 26 May 2020. Retrieved 27 May 2020.
10. Poelina, Anne; Thomson, Jo; Dortch, Joe; Muir, Kado (7 December 2021). "A history of destruction: why the WA Aboriginal cultural heritage bill will not prevent another Juukan Gorge-like disaster". The Conversation. Retrieved 25 July 2023.
11. ^ Scomazzon, Lucille; Wood, Angela; Duncan-Bible, Tamie (2 June 2023). "The ripple effect of Juukan Gorge is being felt: The new Western Australian Aboriginal Cultural Heritage Act 2021". Maddocks. Retrieved 25 July 2023.
12. ^ Jose, Lucinda (15 June 2023). "WA government stands firm on the state's new Aboriginal Heritage Act despite calls for delay". ABC News. Retrieved 25 July 2023.
13. Stanley, Michelle (23 July 2023). "Controversial Aboriginal heritage laws spark confusion among farmers and landholders". ABC News. Retrieved 25 July 2023.
14. Bunch, Aaron (21 June 2023). "Calls for delay to 'shambolic' WA heritage laws". The Canberra Times. Retrieved 8 August 2023.
15. Credlin, Peta (22 June 2023). "'Aren't going down without a fight': 29,000 sign petition to delay heritage laws". Sky News. Retrieved 8 August 2023.
16. "'Call it back, start again': WA's new Aboriginal heritage law wreaking havoc". Sky News. 30 July 2023. Retrieved 8 August 2023.
17. Carmody, James (4 August 2023). "Cook government to scrap Aboriginal Cultural Heritage Act after months of controversy". ABC News. Retrieved 8 August 2023.

External links

• Aboriginal Cultural Heritage Act 2021 (WA Government)
• Aboriginal Cultural Heritage Act 2021

• Australian heritage law
• 2021 in Australian law
• Western Australia legislation
• History of Indigenous Australians