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Western Australia poised to repeal newly legislated Indigenous heritage laws

Rio Tinto's destruction of the Juukan Gorge rock shelters' destruction prompted the new -- and soon to be repealed -- cultural heritage laws.

Rio Tinto's destruction of the Juukan Gorge rock shelters' destruction prompted the new -- and soon to be repealed -- cultural heritage laws. Photo: AAP

Little more than a month after they became law, Western Australia is reportedly set to scrap its controversial Indigenous cultural heritage laws.

The move — expected “within days”, according to The West Australian — have spawned widespread confusion and growing opposition from farmers and industry confusion.

The Labor government reportedly foreshadowed the about-face at a briefing with big resources companies and Indigenous groups on Friday, with an official announcement expected “within days”.

The new Aboriginal Cultural Heritage Act came into effect on July 1, after Premier Roger Cook’s Labor government resisted calls from pastoralists and the opposition to delay their introduction.

Since then resentment has grown, with incidents such as an Indigenous group demanding $2.5 million in order to allow a tree-planting project to go ahead fuelling opposition.

WA’s previous laws dated back to the 1970s and notably allowed the state’s Aboriginal affairs minister to grant land users permission to disturb cultural heritage sites.

Rio Tinto had ministerial approval in 2020 when it blew up the 46,000-year-old Juukan Gorge rock shelters, sparking global condemnation and distressing traditional owners.

The new system abolished the Section 18 approvals process and placed an emphasis on agreements between land users and traditional owners.

But there were deep concerns about the compliance requirements, some of which were only been made clear days before the laws came into effect.

More than 25 new local Aboriginal cultural heritage services were also being set up to manage sites within particular regions.

Mark McGowan’s legacy

The government had flagged a “light touch” approach in the first 12 months to ensure stakeholders understood their obligations.

But the laws, which were proposed and established under ex-premier Mark McGowan, have proven controversial for Mr Cook, who has been bedding down his leadership since taking over in June.

Critics argued they were too complex and landowners feared their activities would be impacted.

Government agencies also expressed confusion about their requirements under the legislation.

Landowners concerned about the new laws were planning to gather on Tuesday at state parliament to call for changes to protect freehold property rights.

WA Liberal senator Michaelia Cash said if the report is correct, it will be a humiliating backdown for the Cook government.

“Premier Cook should have listened much earlier and saved thousands of Western Australians, particularly farmers, the anguish and worry of the past few months,” she said in a statement on Saturday.

“The chaos that was caused in Western Australia is an indication of what could happen if a voice to parliament is enshrined in our constitution,” she added, referring to the national referendum on the voice due later this year.

-with AAP

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