Aboriginal Heritage Act troubles finally stick to Teflon Tony

Zak Kirkup Published June 28, 2023 at 4.00pm (AWST)

In the final weeks of Western Australia's 2020 Parliamentary session I worked with then-Aboriginal Affairs Minister Ben Wyatt on the state government's proposed Aboriginal cultural heritage laws. Modernising '70s-era laws that reflected outdated perceptions of Aboriginal heritage was a pretty tough ask.

Mr Wyatt quickly understood the impossibility of passing the laws before Parliament's closure, deciding to postpone to ensure a cautious and considered introduction of any Aboriginal heritage legislation.

Three years on, the world has dramatically changed.

The Labor Party has secured a super-majority in Parliament without any Opposition. Ben Wyatt resigned, succeeded by Tony Buti as Aboriginal Affairs Minister, while Roger Cook has become Premier.

The legislation due to come into effect Saturday has evolved markedly since it's 2020 draft.

Without asking for it, the new legislation has thrust Aboriginal people into the spotlight, resulting in mounting public unease. The law requires approval from Aboriginal groups for any activity potentially impacting cultural heritage.

From tree planting on a semi-rural residential block to open-cut mining, it imposes a huge burden on Aboriginal people to distinguish what's culturally significant. They must do so without being giving any additional resources and worse they can be overruled by the government anyway.

The legislation puts Aboriginal people at the centre of angst from farmers, miners, home builders - everyone. The uncertainty around the laws is so absurd that two weekends ago my dad got a call asking if he could approve a pool being installed on his mate's block in the Perth hills.

Many Aboriginal groups objected to the laws which now sadly frame them as obstacles rather than protectors of sacred history.

Those who have long expressed concerns continue to be disregarded by Aboriginal Affairs Minister Tony Buti. It's distressing that at critical junctures involving the concerns of Aboriginal people, the Minister instead seems content placing us in absolute jeopardy.

Libby Mettam, WA's Liberal Leader and Voice to Parliament supporter, warned that this could generate such a negative attitude towards Aboriginal people it could impact WA's upcoming referendum vote.

Ignoring all of this, and days before the laws come online, the government held the line saying there will be no changes and no delay.

Then it got even worse when in last-ditch effort, the government moved to defer parts of the legislation for mining companies, whose actions ironically motivated the legislation's conception. They will be least affected initially.

Premier Roger Cook, known for his understanding of Aboriginal issues, must heed the concerns now. The incoming legislation potentially sets back Indigenous-progress by poorly framing Aboriginal people as problems instead of those whose history merits protection.

Rather than acknowledging the rich cultural history and the significant role Aboriginal people play in society, the law, as it stands, frames us as roadblocks which risks further exacerbating societal divides and undermining reconciliation efforts.

The Premier can no longer wait for action from his Aboriginal Affairs Minister who from the Fitzroy Valley floods to the Banskia Hill riots, has been sluggish in responding to key Indigenous issues. Once seen as untouchable, Minister Tony Buti arguably - inadvertently - harmed public opinion of the government with his inaction.

If Roger Cook truly believes in the importance of Aboriginal people it's time that the he took a stand and intervened to save this situation from getting worse.

What's at risk is more than cultural heritage, it's the very place Aboriginal people have in the state where we've made so much progress.

Zak Kirkup is a Yamatji man and former leader of the WA Liberal Party

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National Indigenous Times

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