Kimberley Land Council urges cautious, national approach to protecting Aboriginal heritage

David Prestipino
David Prestipino Published August 10, 2023 at 8.00am (AWST)

The Kimberley Land Council (KLC) has cautiously welcomed the WA Government's decision to repeal its controversial Aboriginal Cultural Heritage Act 2021, urging the State to include key First Nations stakeholders before finalising new legislation.

KLC chief executive, Tyronne Garstone, said Australia's approach to cultural heritage protection should also be pursued at a national level, saying restoring WA's old legislation should be an interim measure only.

"While the proposed amendments to the 1972 Act may appear to be positive for Traditional Owners' rights and cultural heritage protection, they do not go far enough," Mr Garstone said.

"The 1972 Act has its shortcomings and is far from ideal.

"It's been one and a half years since the release of the Australian Parliament's final report into the destruction of Juukan Gorge, which highlighted the need for a national framework.

"The WA Premier's announcement the 1972 Act will include an obligation on proponents to report new information will not prevent a repeat of the tragedy of Juukan Gorge."

The KLC's wish for better consultation echoed those of both the Greens and the Puutu Kunti Kurrama and Pinikura Aboriginal Corporation (PKKP), the traditional owners of the 46,000-year-old Juukan Gorge rock shelters in the Pilbara that Rio Tinto destroyed in 2020.

"Throughout the debacle of the past week, the KLC was not once asked for our genuine feedback on the proposed amendments and whether they are suitable," he said.

The PKKP also said it was not consulted last week, when the Cook Government met with miners and farmers about the possible abolishment of the complex new Act.

"It saddens me that Aboriginal people have again been removed from the decision-making room, about a subject matter and law that so inherently affects us," Mr Garstone said.

It was his understanding the Premier had met with farming and industry representatives but not Aboriginal groups before Tuesday's decision to repeal the new Act.

"Our calls today echo what we consistently called for over the five years the legislation had been drafted and reviewed ... the opportunity to sit in the same room and talk directly with industry, miners, farmers and pastoralists whilst developing the law," Mr Garstone said, highlighting a key issue of the 1972 Act was a persistent failure of prosecution for breaches that damaged cultural heritage.

The Liberals and Nationals, who both supported the new Act but were adamant the new laws were rushed through Parliament, believe the ensuing debacle since they were enacted last month could have been avoided.

"This spectacular backflip could have been avoided if (the Cook government) had listened to the people of WA," Liberals WA leader Libby Mettam said.

Nationals WA leader Shane Love said the government had failed to adequately consult the community and industry during the years it worked on the new laws.

"What significant pain our farmers and landholders had to endure to get to this point," he said.

About 500 farmers rallied on the steps of parliament after Tuesday's decision.

WA Farmers president John Hassell said the decision to axe the new Act was a good outcome but the new laws had turned citizen against citizen and the 1972 legislation was still problematic, even with the proposed amendments.

"That is a terrible, terrible outcome of this legislation," he said.

WA Greens MLC Brad Pettitt said the current situation was a result of the 2021 bill being rammed through Parliament without the government accepting any amendments or listening to warnings from Traditional Owners.

"If the Government had genuinely consulted with the Traditional Owners from the start and listened to the overwhelming community opposition, we would not be in this mess," he said.

"Instead, the Government has wasted all this time and taxpayer money only to start all over again."

The Association of Mining and Exploration Companies said the new laws were unworkable and it was correct to scrap them, with CEO Warren Pearce supporting the amendments.

"It will see a return to a simpler process for engaging with traditional owners and protecting cultural heritage, one with which they are already familiar," he said.

- with AAP

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