'Good faith' urged as WA Aboriginal heritage consultation begins

NIT Published April 4, 2022 at 10.49am (AWST)
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A senior Kimberley leader has urged Traditional Owners to work in good faith and without discrimination as the WA Government presses ahead with implementation of controversial new heritage laws.

WA Aboriginal Affairs Minister Tony Buti last week launched the co-design process to guide regulations to underpin the Aboriginal Cultural Heritage Act.

That process will give stakeholders a chance to shape regulations underpinning the Act through three rounds of consultation due to be held across Western Australian this year.

Miriwong Gadjerong senior cultural woman Merle Carter, who in February was appointed to the reference group, said she was confident the Act would make a difference.

"The new Aboriginal Cultural Heritage Act gives us Aboriginal people a say, the opportunity to talk about what we want to happen to our land," she said.

"We need to work together - Aboriginal people and the proponents - to reach an agreement regarding management of the (Act).

"We must find a balance to protect our heritage, and include economic and social interests of our Aboriginal people and future generations."

The Act replaces the maligned 50-year old Aboriginal Heritage Act, though has not been free of controversy itself with prominent Aboriginal groups claiming it failed to protect Aboriginal heritage and disempowered Traditional Owners.

Under the Act consultation with Aboriginal people will be mandated, penalties increased and introduces stop activity, prohibition and remediation orders.

Mr Buti said regulations underpinning the Act were as important as the Act itself.

"Through the co-design approach, we can be confident that the future operation of the Act has been informed by the expertise and knowledge of all who have a role to play in protecting and managing Aboriginal cultural heritage from every corner of our State," he said.

"The Act empowers Aboriginal people to negotiate agreements with land users as to how their cultural heritage will be protected and managed.

"The key enablers of this more contemporary legislative framework will be the regulations and other supporting documents that we begin co-designing today."

The first phase of consultation is due to begin in April.

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National Indigenous Times

Disclaimer: This function is AI-generated and therefore may mispronounce.