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Parliamentary Questions


Question Without Notice No. 977 asked in the Legislative Council on 16 November 2021 by Hon Wilson Tucker

Parliament: 41 Session: 1

ABORIGINAL CULTURAL HERITAGE BILL 2021 — PROTECTED AREAS

977. Hon WILSON TUCKER to the Minister for Aboriginal Affairs:

I refer to the Parliament of Australia's inquiry into the destruction of 46 000-year-old caves at Juukan Gorge in the Pilbara region of Western Australia that tabled its report titled A Way Forward in October this year. Recommendation 3, paragraph 7.80, includes consideration of ''an ability for traditional owners to withhold consent to the destruction of cultural heritage''. I note that the current draft Aboriginal Cultural Heritage Bill contains no such provision for traditional owners to withhold consent to the destruction of cultural heritage unless there exists the written agreement of the proponent.

Will the minister withhold introduction of the ACH bill until it contains an enforceable right for traditional owners to withhold consent to destruction?

Hon STEPHEN DAWSON replied:

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

The proposed Aboriginal Cultural Heritage Bill sets out a range of measures that greatly reduce the risk of another Juukan Gorge scenario happening. The proposed bill gives Aboriginal people the ability to determine what cultural heritage should be protected. There is also the ability to declare areas of outstanding significance as ''protected areas''. These areas have the protection of both houses of Parliament. It will be a statutory requirement that land users undertake meaningful consultation with traditional owners aimed at reaching agreement based on informed consent for activities that may impact cultural heritage. These agreements will determine what activities can occur where.