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Parliamentary Questions


Question Without Notice No. 855 asked in the Legislative Council on 27 October 2021 by Hon Dr Brad Pettitt

Parliament: 41 Session: 1

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the Aboriginal Cultural Heritage Bill contain protections for places of cultural heritage significance that cannot be repealed by the minister?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.