ABORIGINAL CULTURAL
HERITAGE BILL — DRAFT
855. Hon Dr BRAD PETTITT to the Minister for Aboriginal Affairs:
I refer to the early warning and
urgent action request filed under the United Nations' International
Convention on the Elimination of All Forms of Racial Discrimination on 7
September 2021 by the Environmental Defenders Office on behalf of five Western Australian
traditional owners.
(1) Does the
Aboriginal Cultural Heritage Bill contain protections for places of cultural
heritage significance that cannot be repealed by the minister?
(2) If not, why not?
Hon
STEPHEN DAWSON replied:
I thank the honourable member for
some notice of the question.
(1) Yes. Blanket
protection for Aboriginal cultural heritage applies regardless of whether it is
recorded and reported to the government. The Aboriginal Cultural Heritage Bill
recognises Aboriginal people are the right people to make decisions about their
cultural heritage, including deciding what cultural heritage is important and
how it should be managed. Under the bill, Aboriginal people will make decisions
as to what is Aboriginal cultural heritage, rather than such decisions being
made by a statutory committee, as is currently the case with the Aboriginal
Heritage Act 1972. Traditional owners can also apply to have a really important
area made a protected area. A protected area will have the highest protection
under the law. Both houses of Parliament are required to approve the repeal of
a protected area or any amendments to reduce the size of a protected area.
(2) Not applicable.