213. It's very good for us, for the whole country and for Western Australia. *]YU��OK[�)wW��N�}�n��n��xpr�D��I] Anthropologist and archaeologist Robin Stevens fears it will place a huge administrative burden on severely under-resourced PBCs. �z��/�xXv�d��e��������``� hX %PDF-1.5 %���� Rio Tinto has promised to modernise its participation agreements with traditional owner groups in the Pilbara, while BHP has pledged not to act on any existing Section 18 approvals without extensive consultation. 0000037740 00000 n Also Make sure you look at From Page 127 " part 11 Securing Gidday Everyone. Forget the FAQs and Pathways document and read the Act in particular; Starts on Page 17 of Aboriginal Cultural Heritage Bill 2020. But heritage professionals and Aboriginal groups have concerns about the complex bill which is open for consultation for just five weeks. WA's existing Aboriginal Heritage Act dates back to 1972 and notably does not give Aboriginal people the right to appeal decisions. H�\��n�0��y Under a new tiered approvals system, land users must enter a management plan with traditional owners if a medium-to-high level of disturbance is anticipated. What this Act is about (1) This Act is about valuing and protecting Aboriginal cultural heritage and managing activities that may harm that heritage. But heritage professionals and Aboriginal groups have concerns about the complex bill which is open for consultation for just five weeks. Please provide your input to the Government on the Bill. xref WA's Chamber of Minerals and Energy is still considering the legislation but said the mining sector broadly supported modernising the Aboriginal Heritage Act. "It looks to me like the state have abrogated their responsibility to regulate heritage," he said. And it does really take that power away from Aboriginal people to be able to say 'we consider this significant and of value'." WA has some of the oldest sites of human existence on the earth; it’s also home to some of the world’s richest resource deposits. (b) development of a prescribed type carried out in accordance with the Planning and Development Act 2005;(c) a subdivision of not more than 5 lots in accordance withthe Planning and Development Act 2005;My note - What of locations in cities and towns? The Aboriginal Heritage Act 1972 (the Act) is in place to protect, recognise and preserve Aboriginal sites in Western Australia. _��Ch%�4�V�b��hb:��@/x�ٸ�E Nobody gets ALL the gold. There is currently no capacity to stop a site from being disturbed once the government has granted approvals, even if new heritage information emerges. What are the Activities Defined Under the Act? APLA have been unable to share these discussions due to confidentiality. Will the new Aboriginal Heritage Act Impact on Your Prospecting Rights? 67 21 inefficiencies driven into this process already. Australian Associated Press, /images/transform/v1/crop/frm/silverstone-feed-data/0fcbc659-8b30-45fd-9ac9-59c37ca98e37.jpg/r0_74_800_526_w1200_h678_fmax.jpg, Police and fire brigade tackling riot at the Alexander Maconochie Centre, Police concerned about missing Canberra man, 'Straight down to business': New-look cabinet meets for first time, Nudist who terrorised woman narrowly avoids jail for 'disgusting' behaviour, Prosecutors urge judge to lock up ANU staffer turned drug runner, P-platers allegedly racing at double speed limit prompt safety call. Under a new tiered approvals system, land users must enter a management plan with traditional owners if a medium-to-high level of disturbance is anticipated. This Bill seeks to replace the now outdated Aboriginal Heritage Act 1972, following extensive consultation over the last two years with key stakeholders, industry professionals and Aboriginal people in Western Australia. But Yamatji Marlpa Aboriginal Corporation said too much decision-making power remained with the minister. They will represent traditional owners and negotiate with land users, but may also be expected to monitor compliance of agreements. In Western Australia, the WA Act is currently the subject of review. AND that is for a "Low Impact Activity". Compliance" and the Powers of Inspectors. 0000002244 00000 n bush campers and many others as well. Directions237. "It can't be understated the amount of administrative work and evidence that will need to be provided to give life to the spirit of this legislation," she added. endstream endobj 68 0 obj <>/Metadata 65 0 R/Pages 64 0 R/Type/Catalog>> endobj 69 0 obj <>/ColorSpace<>/Font<>/ProcSet[/PDF/Text/ImageC]/ExtGState<>>>/Type/Page>> endobj 70 0 obj <> endobj 71 0 obj [/ICCBased 80 0 R] endobj 72 0 obj <> endobj 73 0 obj <> endobj 74 0 obj <>stream Who Has been Involved in Developing the Act? - Don't be swayed by the non-threatening language in the "Pathways" and "FAQ" document - Read the Act and make a judgement from that - it is scary. (2) Through its terms, this Act recognises the special interest Aboriginal people have in protecting, preserving and managing Aboriginal cultural heritage. Stakeholders applaud these changes but say it would be naive to think they will prevent sacred heritage sites from being harmed. It has just brought the same paradigm from the old Act across to this one.". 0000057323 00000 n 87 0 obj <>stream It has just brought the same paradigm from the old Act across to this one." The mining industry has faced scrutiny since Rio Tinto, acting on a Section 18 approval, in May destroyed the 46,000-year-old Juukan Gorge rock shelters in WA's Pilbara region. 0000004305 00000 n 0000000016 00000 n It's expected the bill will go before parliament later this year. 0000027823 00000 n Under the new regime, they will have the same appeal rights as land users and the controversial Section 18 approvals process will be scrapped. 0000002279 00000 n "I don't see a single thing that would stop Juukan from happening again," Yinhawangka Aboriginal Corporation chief executive Grant Bussell told the Senate inquiry this month. It also erodes the right of the majority of Australians to enjoy the bush. "The bill is the culmination of more than two years of consultation with Aboriginal people, industry stakeholders and the broader Western Australian community," he said. Activities greater than this level will require a Heritage Management plan, "It is expected that anthropological and environmental surveys may be required by proponents as part of their due diligence, and to support the development of management plans.". We expected it to be better than this." Aboriginal sites are defined by Section 5 of the Act and have been determined by the Department of Planning, Land and Heritage. "Some scopes of work that I've been given actually even mandate the methods that you will use to record sites and how you will identify sites," Ms Thomson said. WA's Chamber of Minerals and Energy is still considering the legislation but said the mining sector broadly supported modernising the Aboriginal Heritage Act. There’s still plenty left for you. Mining provides much of WA’s economic activity, and the Act is a space where expressed aims of protection meet the reality of economic power in WA. It defines and puts into place the new rules relating to access to the Land in WA by people and the measures necessary to get approval to access and undertake activities on the land (ALL land) after Aboriginal Heritage is taken into consideration. Power to stop and enter vehicles and ancillary powers;217. Starts on Page 58 of Aboriginal Cultural Heritage Bill 2020. You might be able to go metal detecting but you will not be able to dig the gold out of the ground that you find - you will need a permit to do that !! Other proposed changes have been welcomed. This is another piece of WA Government Legislation that adds more burdensome and unnecessary controls and costs to undertake our prospecting heritage. But insiders say significant sites are routinely damaged and the way mining companies approach heritage issues often falls short of their rhetoric. The incident sparked global outrage and considerable investor backlash, resulting in the resignation of Rio's CEO and two other executives. The state government says its draft Aboriginal Cultural Heritage Bill will empower Indigenous people to make agreements about the use of their land. Mr Wyatt, who is also the state's treasurer, has said such a scenario will be rare. University of Western Australia, Perth. "It can't be understated the amount of administrative work and evidence that will need to be provided to give life to the spirit of this legislation," she added. 0000003540 00000 n 0000000716 00000 n If they are unable to agree, it is at the minister's discretion to grant approval. This ACH Council and the local aboriginal cultural heritage services have NO CHANCE OF DEALING WITH THEIR DUTIES UNDER THE ACT IN A TIMELY AND EFFICIENT MANNER!! A Senate inquiry into the Juukan blast has heard evidence from Aboriginal corporations about inequitable negotiating positions leading to unsatisfactory agreements which further restrict their rights over their own cultural heritage. What is the Aboriginal Heritage Act About?. The state government says its draft Aboriginal Cultural Heritage Bill will empower Indigenous people to make agreements about the use of their land. IT IS SCARY - DO NOT SAY YOU WERE NOT TOLD ABOUT THIS. 8. "I am a strong advocate for protecting, recognising and commemorating Aboriginal heritage in WA, which is the very reason why I'm progressing modern Aboriginal heritage legislation that will put Aboriginal people at the centre of agreement making," he said. It's also proposed that prescribed bodies corporate (PBCs) under the Native Title Act will be appointed as Local Aboriginal Cultural Heritage Services (LACHS). Yamatji Marpla Aboriginal Corporation 2014 YMAC SUBMISSION ON THE ABORIGINAL HERITAGE ACT AMENDMENT BILL 2014. "The mining industry is powerful. "The bill is the culmination of more than two years of consultation with Aboriginal people, industry stakeholders and the broader Western Australian community," he said. "The objectives of the Act are focused on managing harm to Aboriginal heritage," Australian Association of Consulting Archaeologists WA branch chair Jo Thomson told AAP. "It looks to me like the state have abrogated their responsibility to regulate heritage," he said. Australia: Aboriginal Heritage Act Reform 13 July 2020 . 0000001424 00000 n Under the new regime, they will have the same appeal rights as land users and the controversial Section 18 approvals process will be scrapped. Aboriginal cultural heritage and related terms, You Might be able to go metal detecting in WA (minimal impact). 0000002658 00000 n 0 Micromanaging access to ALL land in WA is Overkill. Rio Tinto had relied on a 2013 ministerial consent under section 18 of the Aboriginal Heritage Act 1972 to destroy the Juukan Gorge site, a move …