The West Australian government has softened the blow of new Aboriginal cultural heritage laws coming into effect within days, delaying compliance penalties for a year in favour of an education-first policy following widespread confusion among farmers and landholders.
Hundreds of locals turned up to Department of Planning, Lands and Heritage-run education workshops in Northam and the Gascoyne on Wednesday to voice their deep concern amid lingering uncertainty ahead of the laws’ implementation on July 1.
Merome Beard said the community is anxious about the changes, and what it means for landowners, industry and the community at large.
With the Carnarvon horticultural region sitting within an existing registered Aboriginal site, Nationals North West Central MP Merome Beard said growers, businesses and livelihoods were directly linked to the changes, and called the roll-out a “disgrace”.
“The community feels like the education forum was an afterthought, having it held in the eleventh hour before the new laws will begin, and with a feeling that the changes are being rushed through the backdoor,” she said.
The state government has also announced the establishment of an implementation group to be chaired by the Department of Planning, Lands and Heritage director general Anthony Kannis along with peak industry representatives from the property, mining, farming and agriculture sectors.
It will sit for an initial six months to address any issues that arise in the initial stages of implementing the new act.
Urban Development Institute of Australia of WA chief executive Tanya Steinbeck has been appointed to the group following concerns from the property industry that the new laws added another unwanted layer of risk and delay for urban infill and greenfield developments.
“The development industry has legitimate concerns regarding the implementation timeframe, particularly in relation to the establishment of Local Aboriginal Cultural Heritage Services,” she said.
“This is at a time when we are currently experiencing a housing supply crisis and any delays to the delivery of new homes will have dire consequences for people’s ability to access safe and appropriate housing.”
While Premier Roger Cook has been at pains to highlight it has been unlawful to harm Aboriginal cultural heritage for more than 50 years in WA, the new steps landholders must take to protect themselves from inadvertently causing harm will become far more onerous.
Premier Roger Cook says the new laws will be simpler and fairer.Credit: Trevor Collens
“The current legislation is outdated and it led to incidents like Juukan Gorge, which was a global embarrassment for Australia,” Cook said.
The state opposition claims the rules mean even landowners in metropolitan Perth could be caught up in more red tape for simple changes to their property.
The new act introduces a tiered system of activities, ranging from those that are totally exempt – such as residential development on lots smaller than 1100 square metres – to tier 3, which involves major ground disturbance.
Landowners in metropolitan Perth with properties larger than 1100 square metres themselves can determine whether there is a site of significance, but risk penalties including jail if they fudge it or get it wrong.
Mapping by the Department of Planning, Lands and Heritage shows registered Aboriginal sites stretching from Guildford, through Mundaring and near York.
In the northern suburbs, it stretches through the Swan Valley wine region and to the Shire of Gingin.
Land south-east of Rockingham between Mandurah will also be impacted by the new laws.
Mapping of registered Aboriginal cultural heritage sites in Perth.Credit: Fairfax Media
Opposition lands spokesman Neil Thomson has repeatedly called for a delay to the July 1 implementation of the new laws so those affected could be engaged and educated about their new obligations.
“People are worried about their future and fear being bound up in red tape which could require permits for things such as putting a new fence in, digging a dam or removing noxious vegetation,” he said.
“Farmers, pastoralists, and companies that provide services such as plumbing and civil contracting are all trying to work out the implications, as are hobby farmers around the metropolitan area that are deeply concerned about what they will be allowed to do on their land, without a permit.”
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