The WA government has admitted it "took things too far" as it announced it would revert to the 1972 laws covering Aboriginal cultural heritage, which were in force when Rio Tinto destroyed sacred rock shelters at Juukan Gorge in 2020.

Premier Roger Cook on Tuesday said tweaks to the 50-year-old Act would prevent another castrophe like the mining titan's and apologised for the stress, confusion and division the new laws had created for stakeholders.

"The Juukan Gorge tragedy was a global embarrassment, but our response was wrong, we took it too far," he said.

"I've been the Premier for eight weeks now, and it's obvious that we need to make changes, restore confidence in our cultural heritage system and get the balance right.

"The complicated regulations, the burden on landowners and the poor rollout of the new laws have been unworkable for all members of our community – and for that, I am sorry."

Mr Cook said the original intent of the new legislation was to prevent another Juukan Gorge and he was committed to protecting First Nations culture and heritage.

"WA is home to some of the world's oldest known Aboriginal cultural heritage, we want to preserve this into the future, and ensure Western Australians can continue to live their lives and reach their full potential," he said.

"We got the balance wrong, what we did hasn't worked – it's vital we manage cultural heritage in a common sense manner, so we can move forward together as a community."

The decision to revert to the original laws drew on legal advice from the Solicitor-General, with the addition of vital amendments to the 1972 legislation, including:

• The newly formed Aboriginal Cultural Heritage Council will take on the role of the Committee established under the 1972 Act to make recommendations to the Minister;

• Proponents and Native Title parties will have the same right of review for Section 18 decisions, with clear timelines and an ability for the Premier to call-in a decision of 'State significance', to act in the interests of all Western Australians; and

• When a Section 18 has been approved, making it a requirement for the owner to notify the Minister of any new information about an Aboriginal site – an important reform to help prevent another Juukan Gorge.

There will also be no requirement on everyday landowners to conduct their own heritage survey.

Premier Roger Cook has apologised for the "unworkable" new heritage laws and confirmed they will be "overturned". Going back to 1972 Act with some "simple" changes designed to prevent another Juukan Gorge.

— Josh Zimmerman (@joshua_zimm) August 8, 2023

The WA Government would also undertake heritage surveys of unsurveyed areas in high priority areas over the next 10 years, with the consent of landowners.

Proponents who need to submit a management plan to the Aboriginal Cultural Heritage Council will have a fairer and simpler model that will be established with industry soon.

The concept of Local Aboriginal Cultural Heritage Services (LACHS) will not continue either, with support provided to existing, relevant Native Title groups, including the relevant prescribed body corporate, registered claimants or native title representative bodies.

An implementation group with mining, property, farming and agriculture representatives, as well as local government, Aboriginal corporations and the Aboriginal Cultural Heritage Council, would help transition back to the renewed 1972 legislation.

WA Aboriginal Affairs Minister Tony Buti said the Juukan Gorge tragedy occurred because new information about the caves was not disclosed, but the amendments to the 1972 legislation would ensure it never happened again.

"The Section 18 process will be strengthened – with these changes mainly impacting miners and government, whose work most impacts cultural heritage," Mr Buti said.

"It is pleasing that our amendments to Section 18 provide Traditional Owners with the same rights of appeal as those afforded to proponents.

"Our amendments to the 1972 Act will expressly make it clear that 'gag orders' which constrain Traditional Owners will be unlawful.

"Australian Aboriginal culture is one of the world's oldest continuing cultures dating back at least 60,000 years – cultural heritage is central to the health and vitality of Aboriginal communities – and these amendments to our existing laws will protect it forever."

WA Attorney General John Quigley said by repealing the 2021 legislation, the extra burdens and obligations placed on landowners were now removed.

"This means that all landowners, be they freehold, leasehold, licensee, invitee or citizen, at large have one simple obligation: that is to not knowingly damage an Aboriginal cultural heritage site, which has been the law since 1972," he said.

"For the first time ever, Traditional Owners will have a right of appeal under Aboriginal cultural heritage laws in WA."

More to come.