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.
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.
Heritage Survey
The Department of Planning Lands and Heritage (DPLH) has committed to a 10-year Aboriginal Heritage Survey Program (AHSP) across the State.
Surveys will be managed by DPLH in consultation with landowners, native title parties, heritage professionals and any other relevant parties with an interest in the land. Surveys will be conducted by qualified heritage professionals and will result in an Aboriginal heritage survey report.
To apply for an Aboriginal heritage survey applicants will need to complete and lodge an AHSP application form via ACHknowledge.
A new category of the WALGA Preferred Supplier Program has been set up to assist Local Governments who require quality heritage surveys to effectively identify and protect Aboriginal cultural heritage.
The category will include experienced Preferred Suppliers that have capacity to undertake surveys throughout WA.
Support
The Department for Planning, Lands and Heritage has developed a Stakeholder toolkit and FAQ on the legislation and requirements.
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;
| 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.
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.
