ABORIGINAL CULTURAL HERITAGE BILL 2021
776. Mr D.R. MICHAEL to the Premier:
I refer to the McGowan Labor government's commitment
to empowering Aboriginal voices and protecting and respecting Aboriginal
heritage.
(1) Can the
Premier outline to the house what the Aboriginal Cultural Heritage Bill will
mean for Aboriginal people and traditional owners when it comes to decisions
about what happens on their land?
(2) Can the Premier outline to the house what consultation
has been undertaken in delivering this bill?
Mr M. McGOWAN
replied:
(1)–(2) I thank the member for the question.
Several members interjected.
The SPEAKER: Just to be clear, members of the
opposition, the Premier has barely started his answer and you are already
interjecting. Can we just hear the Premier's answer, thank you.
Mr M. McGOWAN: The Aboriginal Cultural Heritage Bill
will deliver the most progressive cultural heritage legislation in Australia. It is clear that the 50-year-old act as it
currently stands is out of date, and that is widely recognised across the
community. The first attempt at reform was undertaken in 1991–92 by the
then Lawrence government in Western Australia. It failed to pass. As a result
of that failure, there has been 30 years of inertia, and it is the Aboriginal
community of Western Australia that has suffered.
The bill we have introduced will put Aboriginal people at the
heart of decision-making about the management and protection of cultural
heritage sites. It is far superior to the 2014 legislation introduced by the
last Liberal–National government, which did not give Aboriginal people
anywhere near the decision-making power that is embedded in this legislation.
It is the single biggest piece of reform to Aboriginal affairs to happen in WA
this century. It focuses on agreement between land users and traditional owners
to ensure that Aboriginal people can negotiate outcomes for projects and
opportunities on the land. It will abolish the section 18 approval process. It
will also embed the principles of free, prior and informed consent in its
agreement-making processes. It will do this by mandating that agreed Aboriginal
cultural heritage management plans demonstrate informed consent from Aboriginal
parties. Traditional owners will be able to apply to have very important areas
made a protected area in which no-one can apply to damage Aboriginal cultural
heritage.
The bill is the culmination of
almost five years of development, three years–plus of consultation, 175
workshops involving more than 1 500 people, and 380 submissions. I would like
to thank all groups, especially the Aboriginal groups and people who have been
involved in the consultation, represented through native title bodies, claimant
groups, the Aboriginal Advisory Council and individual Aboriginal people. This
has been one of the largest consultative processes I have seen in 25 years. The
state government will continue to work with Aboriginal people on the regulations and co-design process and key
documentation around this legislation if and when it passes the Parliament.
This represents the most progressive
Aboriginal heritage regime Australia has ever seen. It is arguably as good as
anything anywhere in the world. The fact of the matter is we will never reach
consensus on each and every clause. That is
not possible and not realistic. The perfect is the enemy of the good. What this
bill will do, however, is finally embed by law Aboriginal people and
traditional owners in the land management regime of this state. It will also
mandate agreement-making with traditional owners in line with native title
laws.
I would like to thank in particular,
as I said earlier, the former Minister for Aboriginal Affairs Minister Wyatt;
the current minister, Hon Stephen Dawson; and the constructive engagement of
Terry Redman. I would also like to thank the
former member for Dawesville and Leader of the Liberal Party, Zak Kirkup, who
actually offered to jointly sponsor the former bill. It would be great
if we had that form of bipartisanship now.
Visitors — Success Hill
Action Group
The
SPEAKER: Just before I give the member for Roe the call, I would
like to acknowledge the members of the Success Hill Action Group, locally known
as SHAG, on behalf of the member for Bassendean.