On 15 November 2023, the Aboriginal Heritage Act 1972 (the 1972 Act) was restored as the legislation that manages Aboriginal heritage in Western Australia. The 1972 Act is supported by amendments to the Aboriginal Heritage Regulations 1974, transitional Regulations and fee Regulations.
Local Government undertake many activities that have the potential to impact Aboriginal cultural heritage and recognise the fundamental importance of its protection. As one of the most frequent proponents of the legislative requirements, Local Governments must balance the need to protect Aboriginal cultural heritage with the requirement to undertake critical need activities for community in a timely and affordable manner.
WALGA continues to advocate for members on the implement of the State legislation regarding Aboriginal heritage. Our advocacy has secured a commitment from State Government to develop bespoke guidance and advisory materials for Local Governments, including Regulation 10 applications, and the development of a waiver application for site investigation fees related to community projects that require a section 18 consent.
Information Session
WALGA hosted an Aboriginal Cultural Heritage Legislation information session with the Department for Planning, Lands and Heritage on 28 November 2023. The session provided an overview of the amended Aboriginal Heritage Act 1972 including compliance requirements and guidance for Local Governments.
The recording and presentation from the session can be found here. Watch the recording of the session here.
Toolkit
The Department for Planning, Lands and Heritage has developed a Stakeholder toolkit and FAQ on the legislation and requirements.
Further information on Aboriginal cultural heritage legislation and compliance can be found on the Department of Planning, Lands and Heritage website including contact details for Regional Offices.
| Region | Regional Director, Heritage and Property Services | Phone | |
|---|---|---|---|
| Goldfields | Grant Bussell | Grant.Bussell@dplh.wa.gov.au | 0417 417 729 |
| Kimberley | James Dobson | James.dobson@dplh.wa.gov.au | 0435 156 486 |
| Midwest & Gascoyne | Dan Oswald | Daniel.Oswald@dplh.wa.gov.au | 0436 530 342 |
| Pilbara | TBC | ||
| South West & Great Southern | Aidan Ash | Aidan.Ash@dplh.wa.gov.au | 0419 141 708 |
The amended 1972 Act replaced the Aboriginal Cultural Heritage Act 2021 (ACH Act) that came into effect from 1 July 2023. The announcement to repeal the ACH Act was made on 8 August 2023.
Key amendments to the 1972 Act include:
- The newly formed Aboriginal Cultural Heritage Council will take on the role of the Committee established under the 1972 Act to make recommendations on Section 18 Notices to the Minister.
- Proponents and Native Title parties will have the same right of review for Section 18 decisions via the State Administrative Tribunal, with clear timeframes and an ability for the Premier to call-in a decision of 'State significance', to act in the interests of all Western Australians.
- When a Section 18 has been approved, there is a new requirement for the owner to notify the Minister of any new information about an Aboriginal site.
As a member of the Department of Planning, Lands and Heritage Implementation Group, WALGA has ensured representation of Local Government in the legislative changes. WALGA provided two submissions to State Government including feedback on the draft Regulations, Consultation Policy and Section 18 Guideline. The submissions align to the relevant WALGA Advocacy Position, previous sector consultations and submissions, and discussions with WALGA’s Local Government Aboriginal Heritage Advisory Group.
WALGA has secured a commitment from State Government to develop bespoke guidance and advisory materials for Local Governments, including Regulation 10 applications, and the development of a waiver application for site investigation fees related to community projects that require a section 18 consent.
WALGA’s previous work throughout the development and implementation of the Aboriginal Heritage Act 2021 is detailed below.
Educational Workshop
WALGA facilitated a DPLH educational workshop for Local Governments on Wednesday 10 May 2023. The recording and presentation can be found on the links below;
Monthly Drop-in Sessions
In partnership with DPLH, WALGA will be facilitating monthly online drop-in sessions for Local Governments to provide an opportunity for staff responsible for implementing and applying the new legislation to ask questions and seek advice directly from DPLH. First session as held on Wednesday 26 July 2023. A transcript of the questions and answers discussion will be made available was completed alongside the date of the next session.
Previous consultation
Throughout 2022 a three-phase co-design process was undertaken by DPLH to develop a set of guidelines to support the ACH Act. WALGA conducted comprehensive consultation with the Local Government sector on the guidance materials supporting the legislation and made submissions during Phase One, Phase Two and Phase Three.
A clear message from the consultation was that the ACH Act must balance the need to protect Aboriginal cultural heritage with the requirements for Local Government to deliver essential infrastructure works and emergency management activities efficiently and effectively to maintain public safety and comply with its other legislative responsibilities.
Position Statement: WALGA acknowledges Noongar people as the traditional owners of the South West Region. Local Government is supportive of conserving and protecting the State’s Aboriginal cultural heritage.
WALGA supports the introduction of the ACH Act which will provide a modern framework for the recognition, protection, conservation and preservation of Aboriginal cultural heritage and recognises the fundamental importance of Aboriginal cultural heritage to Aboriginal people. The State Government must ensure that:
- The legislation balances the need to protect Aboriginal cultural heritage with the requirement for Local Government to undertake activities in a timely and affordable manner;
- The implementation and ongoing operation of the legislative system for the protection of Aboriginal cultural heritage is adequately resourced to ensure that all parties have the capacity, capability and resources to discharge their statutory obligations;
- Support is provided to Local Governments to ensure that they have the resources, capacity and capability to comply with a complex legislative framework; and
- Local Governments have the ability to deliver essential infrastructure works and emergency activities efficiently and effectively in order to maintain public safety.
- Regional local Aboriginal people are actively engaged in the Local Aboriginal Cultural Heritage Services (LACHS) groups; and
- The various Prescribed Body Corporates (PBCs) be required to actively seek out local regional members to be included in the consultation and decision making process.
