Industry calls for clarity after scrapping of WA's new heritage laws

The government said the decision was made "after serious consideration and consultation".The original Aboriginal Heritage Act of 1972 will be restored "with simple and effective amendments".The amendments to the restored legislation from 1972 include:The newly formed Aboriginal Cultural Heritage Council will take on the role of the Committee established under the 1972 Act to make recommendations to the minister;Proponents and Native Title parties will have the same right of review for Section 18 decisions, with clear timelines and an ability for the Premier to call-in a decision of 'State significance', to act in the interests of all Western Australians; andWhen a Section 18 has been approved, making it a requirement for the owner to notify the Minister of any new information about an Aboriginal site - an important reform to help prevent another Juukan Gorge.There will be no requirement for everyday landowners to conduct their own heritage survey.The government will undertake heritage surveys of unsurveyed areas in high-priority areas of the state over the next 10 years, with the consent of landowners.Surveys will be centrally held and published by government, and available to view by all land users.The cost recovery model introduced for proponents who need to submit a management plan to the Aboriginal Cultural Heritage Council, will also be replaced with a fairer and simpler model, to be established with industry in coming weeks."The Juukan Gorge tragedy was a global embarrassment, but our response was wrong, we took it too far, unintentionally causing stress, confusion and division in our community," premier Roger Cook said."We got the balance wrong, what we did hasn't worked - it's vital we manage cultural heritage in a commonsense manner, so we can move forward together as a community."Industry responseThe Chamber of Minerals and Energy of Western Australia CEO Rebecca Tomkinson emphasised the principles of the repealed act must be preserved in the government's decision to replace the current legislation with an amended Aboriginal Heritage Act 1972."Certainty of regulation is important to maintaining our state's reputation as a safe and stable jurisdiction to invest," she said. "It was not unexpected that the new ACH framework would require modifications during implementation, and we welcomed government's commitment to take action and address issues as they arose. "Similarly, the application of the amended AHA 1972 must be informed by practical, on-the-ground experience of participants from all stakeholders to ensure it is workable. Ongoing consultation, adequate transition provisions and an educative approach will be critical."Association of Mining and Exploration Companies chief executive Warren Pearce said a new approach was required after its members struggled with the complexity of the new act."In fact, many of the amendments announced today, closely reflect the changes suggested by AMEC and industry much earlier in the consultation process," he said."While our members have put significant time and effort into implementing the soon-to-be-repealed legislation, ultimately, we believe this is the right decision, and our members will be pleased with the change."It will see them return to a simpler process for engaging with traditional owners and protecting cultural heritage, one which with they are already familiar."Pilbara Minerals managing director Dale Henderson said miners just wanted clarity."I think there's change on the horizon which presents uncertainty and I think like most groups, we're just looking for certainty around what the changes are and we watch with great interest to see what transpires ultimately," he said on the sidelines of Diggers & Dealers in Kalgoorlie.Patriot Battery Metals chairman Ken Brinsden said he was surprised by the repeal."I think I probably got myself comfortable that it was actually heading in the right direction," he told reporters.Brinsden said more broadly, Australia was "missing a trick" by not embracing Aboriginal culture."It's a really important part of our being and if we did [embrace it], more so than we do today, Australia is going to be better for it," he said.Brinsden said the voice to parliament was a step in the right direction."I'd say don't overthink it, let's get on with it, because it's going to be important in contributing to us embracing Aboriginal culture more fully."Yesterday, Kalgoorlie businessman Linden Brownley delivered a passionate welcome to country, urging miners to say yes - to partnerships with indigenous businesses."You may be confused at this critical time for our country," he said."Saying yes means meaningful partnerships and building real relationships."This is how we change our community, and if we're lucky, this is how we can change our country."

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Industry calls for clarity after scrapping of WA's new heritage laws

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