Major tree plantings held up amid confusion over WA's new heritage act

Rhiannon Clark and Giovanni Torre Published July 17, 2023 at 4.45pm (AWST)

Two major tree planting events in Western Australia have been delayed, with both delays being initially attributed to the new Aboriginal Culture Heritage Act – claims later rejected by parties involved.

Seven News reported on Sunday that the planting of 5500 shrubs and trees along Perth's Canning River by 120 volunteers was called off, after a demand from the newly formed Whadjuk Aboriginal Corporation that any planting at sites of cultural significance along the river cease.

It was reported that organisation cited the Aboriginal Cultural Heritage Act, which came into effect on July 1, establishing a new layer of bureaucracy via Local Aboriginal Cultural Heritage Services (LACHS), which are now responsible for determining whether an activity will cause harm to cultural heritage.

According to Seven News, the then Whadjuk Aboriginal Corporation chief executive David Collard told land care groups they could not proceed with the weekend's events until a demand for $2.5 million from a $10 million river restoration fund was resolved.

According to the broadcaster, the demand stunned the mayors of four councils and two major land care groups on the Canning River.

City of Canning Mayor Patrick Hall said: "We're standing here today in solidarity with some of these environmental groups saying, somebody needs to clarify this legislation — it has become somewhat of a mess."

Stephen Johnston from South East Regional Land Care said the seedlings were now at risk of dying.

"We've got to get them into the ground to make the most of the wet soil," he said.

"We've got a whole lot of land groups across Perth and in WA, whose work is critical to fulfilment of Commonwealth, state and local government environmental objectives, it's not just a nice thing to have, it is critical."

Pat Hart from Armadale Gosnells Landcare Group said: "We've got four dams on the Canning, it's under real issues. Time is … we can't wait. We have to keep going forward."

Seven reported that WA Aboriginal Affairs Minister Tony Buti later personally rang the mayors to assure them there was no issue with project.

"The matter referred to has nothing to do with the modernised legislation," Dr Buti said in a statement.

This view was echoed by the Whadjuk Aboriginal Corporation on Monday.

The organisation said in a statement that the planting of seedlings along the Canning River is being rescheduled and that the matter is not related to the Aboriginal Cultural Heritage Act 2021.

The statement also referred to Mr Collard as the organisation's "former CEO".

"A scheduled planting of seedlings was cancelled over the weekend, following a discussion with Whadjuk Aboriginal Corporation's former CEO, David Collard," it said.

"The newly formed Whadjuk Aboriginal Corporation confirms that matter is not related to the Aboriginal Cultural Heritage Act 2021.

"The Whadjuk Aboriginal Corporation will work in partnership with the Department of Biodiversity, Conservation and Attractions, and the South East Regional Centre for Urban Landcare to reschedule the planting of 5500 shrubs and trees along the banks of the Canning River."

The organisation noted in its statement on Monday that the Canning River and its riverbanks are culturally significant to the Whadjuk people because the connection to this land is of central spiritual importance.

"The planting of seedlings will conserve this important area for our future generations," it said.

"We support the new Aboriginal Cultural Heritage Act 2021, and our focus is to engage in meaningful collaboration with all stakeholders."

The corporation told National Indigenous Times that "the employment relationship with Mr Collard ended in July 2023 and this was not related to the Canning River planting".

"The Whadjuk Aboriginal Corporation will not make any further comments in relation to private and confidential employment matters," they said.

The Whadjuk region is one of six Indigenous Land Use Agreements that formed the South West Native Title Settlement.

The approximate size is 5580km, and it covers major cities and towns including Perth, Fremantle, Joondalup, Armadale, Toodyay, Wundowie, Bullsbrook and Chidlow. The South West Native Title Settlement is the largest native title settlement in Australian history, affecting an estimated 30,000 Noongar People and encompassing approximately 200,000 square kilometres in Western Australia's south-west.

The incident on Sunday comes one week after another tree planting event in Geraldton was shut down by an Aboriginal Elder.

City of Greater Geraldton Mayor Shane Van Styn claimed in a Facebook post last Sunday that the tree planting event at Wonthella Bushland Reserve had been called off after a "respected local knowledge holder shut down proceedings on the basis of ground disturbance and the new Aboriginal Cultural Heritage Act and the significance of the site to the family".

Mr Van Styn said organisers "complied with the directive to stop" despite having checked the online map "for any Aboriginal heritage, of which there was none" beforehand.

He said it was "the first use of power of entry and stoppage we are aware of under the Act" but added there was "some confusion now in play" as the person who gave the order was not "technically an official Aboriginal Inspector under the Act as no LACHS has yet been created to appoint them as such".

However, the Elder in question, Nhanhagardi and Wajarri woman Donna Ronan, later told the ABC that her family stepped in to shut down the event because it honoured the late Queen Elizabeth II, denying the new cultural heritage laws were involved.

"That lady (Queen Elizabeth II) didn't walk this country, she didn't walk this land," Ms Ronan told the ABC.

"Why are we actually acknowledging her when there are people who come from this area that should be recognised for it?"

Ms Ronan disputed the mayor's claim that the Aboriginal Cultural Heritage Act had been invoked to shut down the event.

"I don't really know the intention of the new laws," she said.

"I suppose with this event happening, I will definitely educate myself a bit more on the matter."

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National Indigenous Times

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