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Parliamentary Questions


Question Without Notice No. 1116 asked in the Legislative Council on 7 December 2021 by Hon Neil Thomson

Parliament: 41 Session: 1

ABORIGINAL CULTURAL HERITAGE BILL 2021 — REGULATORY IMPACT ASSESSMENT

1116. Hon NEIL THOMSON to the Minister for Aboriginal Affairs:

(1) Did the state undertake a regulatory impact assessment on the impact of the Aboriginal Cultural Heritage Bill 2021; and, if not, why not; and, if yes, is the regulatory impact statement available to the public?

(2) Regardless of the answers to (1), how did the state consider the economic impact on the following sectors: farming; earthmoving; small contractors, including plumbers and electricians; house construction; orchardists; semirural landowners; owners of industrial land; and government agencies, such as Main Roads?

(3) Has the minister consulted on the 2021 bill with representatives from the categories listed in (2)?

Hon STEPHEN DAWSON replied:

I thank the honourable member for some notice of the question.

(1) Yes. The Department of Treasury's Better Regulation Unit advised that the consultation papers published and the consultation process implemented met the requirements of the regulatory impact assessment program. The consultation process and papers published are available on the www.wa.gov.au website.

(2)–(3) Representatives from the listed sectors were consulted during the development of the Aboriginal Cultural Heritage Bill 2021. The bill replaces the current one-size-fits-all section 18 process under the 1972 act with a tiered land use approval system that is sensitive to the nature of the proposed land use and the level of ground disturbance. Over 380 submissions were received from a wide range of stakeholders with an interest in the future management and protection of Aboriginal cultural heritage in Western Australia, including representatives from the sectors listed. In total, over 1 500 people have participated in around 175 workshops, stakeholder meetings or public information sessions held across the state. A consultation draft was made public in 2020 and details about the content of the final bill have been public since August 2021.