Aboriginal Cultural Heritage

ACH Act update

In December 2021, the State Government passed the Aboriginal Cultural Heritage Act 2021 despite significant objections from Traditional Owners.

While an improvement on the Aboriginal Heritage Act 1972, the new act still falls far short of Traditional Owner expectations.

YMAC’s members are concerned the new act does not meet the threshold of free, prior and informed consent and the final decision concerning contested Aboriginal Cultural Heritage Management Plans lies with the Aboriginal Affairs Minister.

Although the bill has been passed, the State is now engaged in consultation regarding the regulations and guidelines associated with the act.

These are important documents that will support the implementation of the new act and its ability to protect Aboriginal cultural heritage.

After phase one in May, the State released draft regulations and guidelines for comment in July and August. Areas available for co-design included knowledgeholder guidelines, timeframes, consultation guidelines, fee-for-service guidelines, outstanding significant guidelines, the Aboriginal Cultural Heritage Management Code, State significance guidelines and activity categories.

YMAC participated in workshops and made a submission in phase two, available at tinyurl.com/ACHActsubmission .

YMAC will continue to advocate to improve heritage protection in Western Australia and encourages members to have their say by attending consultation workshops and making online submissions.

More details can be found on the Department of Planning, Lands and Heritage’s website: tinyurl.com/ACHworkshops .

Watch this space: federal heritage legislation review

The former Coalition Federal Government entered into a partnership agreement with the First Nations Heritage Protection Alliance (FNHPA) to reform federal heritage legislation, in line with the recommendations of the Juukan – Never Again inquiry. This presents an opportunity to advocate for stronger heritage protections at the federal level, which may help address deficiencies in the state legislation. Updates regarding opportunities to have your say will be shared at FNHPA’s website culturalheritage.org.au .