Cultural heritage protection company Agreement Hub claimed on Friday that a new survey shows "an acute sense of anxiety" over the implementation of the Western Australia's Aboriginal Cultural Heritage Act (WA) 2021.

The Act, which replaced the notoriously racist and one-sided 1972 Aboriginal Heritage Act, was the centre of long-running controversy, with many arguing it failed to address the fundamental problems in the old legislation.

Agreement Hub surveyed clients and colleagues. Of those surveyed, 25 per cent represented Aboriginal Corporations, 45 per cent represented private companies, 25 per cent were advisors (lawyers, anthropologists, archaeologists), and five per cent were from government agencies or departments.

Respondents were asked is the Act will do a better job than the old legislation, and is the sector "prepared for the changes in an operating environment where Aboriginal Corporations are already stretched and, industry has an insatiable appetite to access land?".

The transitional period for the Act is set to end in July 2023 with regulations expected to be formally published soon.

Agreement Hub director Kellie Swanson-Hill said there was a general sense of uncertainty among the fifty businesses surveyed about the Act.

"While no one we talked to suggested that the old Act should not be replaced, almost everyone we spoke to, both Aboriginal Corporations and industry, is taking a 'wait and see' approach to the uncertainty ahead," she said.

"Many Aboriginal Corporations are already struggling with staff changes, shortages in heritage consultants, and not enough Traditional Owners to attend the surveys resulting in significant delays to land access.

"The smaller end of town – explorers, juniors, and mid-caps – are particularly apprehensive as the new Act will substantially increase the pressure on already stretched Aboriginal Corporations."

Larger companies indicated they were much less concerned about the new Act and view the changes as merely a formalising of procedures and processes.

Agreement Hub said a representative from one ASX 50 company said they were concerned about the capacity of the Aboriginal Corporations, likely to become Local Aboriginal Cultural Heritage service providers (LACHs) under the new Act, to take on the "administration burden".

Agreement Hub also reported that one representative from an Aboriginal Corporation warned that "they only have a cursory understanding of the implications of becoming Local Aboriginal Cultural Heritage Services".

However, the survey also indicated many view the shift of responsibility from the government to the Local Aboriginal Cultural Heritage service providers as "the most meaningful change" in the new legislation, "empowering local Aboriginal communities to better control their heritage".

A Western Australian government spokesperson told National Indigenous Times that the government recently completed a 12-month co-design process that included three rounds of widespread community and stakeholder engagement to develop Regulations and guidance materials to support implementation of new laws to protect Aboriginal cultural heritage.

"In particular, this process was led by a Reference Group that included Aboriginal, government and industry representation. Targeted engagement has also been undertaken on country with Aboriginal organisations across the State and with industry peak bodies, including the Chamber of Minerals and Energy and the Association of Mining and Exploration Companies," he said.

The spokesperson described the new Act as delivering "a modern, contemporary system that aligns with Native Title laws".

"For the first time in more than 50 years, these laws will empower Aboriginal people to make decisions about activities that impact on their cultural heritage, and make agreements with the land users for managing their cultural heritage," he said.

"We are now establishing Local Aboriginal Cultural Heritage Services that will enable Aboriginal people to be decision makers in relation to activities that may impact their cultural heritage."

The state government spokesperson said "significant work" is underway to support Aboriginal corporations that are keen to become a Local Aboriginal Cultural Heritage Service.

Interested corporations can apply for a grant of up to $80,000 to assist in identifying their capabilities for being appointed a LACHS as well as their organisational capacity building needs.

"We acknowledge the change can bring uncertainty and a series of education and awareness raising workshops will be delivered over the coming months in preparation for the transition," the spokesperson said.

"The Department would be happy to meet with representatives of the Agreement Hub - or their clients – to brief them on the new Act and the obligations for industry that will apply."