Question On Notice No. 698 asked in the Legislative Council on 7 April 2022 by Hon Dr Brad Pettitt
Question Directed to the: Minister for Emergency Services representing the Minister for Aboriginal Affairs
Parliament: 41 Session: 1
Question
I refer to the Pinjarrra Heavy Haulage Deviation Project, and I ask:
(a) on what date did the Minister provide section 18
approval for this project;
(b) how can the Minister guarantee that the Pinjarra Heavy
Haulage Deviation project won’t disturb the Pinjarra Massacre sites;
(c) what confidence can Traditional Owners have in
the consultation process that was followed by Main Roads Western Australia, given the vast
majority of Traditional Owners oppose development in the area, yet the
Government seems to believe that there is community support for this project;
(d) will the Government commit to a review of the Section
18 approvals in light of extensive community opposition and work with
Traditional Owners to obtain their free, prior and informed consent under the
new Aboriginal Cultural Heritage Act 2021; and
(e) what is the timeline for implementing the new
Aboriginal Cultural Heritage Management Code and Aboriginal Cultural
Heritage Management Plan?
Answered on 10 May 2022
Advice was sought from the Department of Planning, Lands and Heritage as detailed below.
(a)-(c) The Department of Planning, Lands and Heritage has not received a section 18 application for the Pinjarra Heavy Haulage Deviation Project.
(d) Under the Aboriginal Heritage Act 1972, the Minister for Aboriginal Affairs does not have the ability to review consents granted pursuant to section 18 of the Act.
(e) Templates for the new Aboriginal Cultural Heritage Management Code and Aboriginal Cultural Heritage Management Plan are the subject of a co-design process currently being undertaken to support implementation of the new Aboriginal Cultural Heritage Act 2021. The process is being overseen by the Aboriginal Cultural Heritage Reference Group with a view to the new system coming into effect in mid-2023.