AMEC warns on Aboriginal cultural heritage law duplication

David Prestipino Published July 28, 2023 at 12.30pm (AWST)

The Association of Mining and Exploration Companies has warned against duplicating Aboriginal cultural heritage laws federally.

Federal Environment Minister Tanya Plibersek this week said the federal government was considering a series of alternatives to the legislation, one of which could override any existing state and territory legislation, in response to the destruction of the Juukan Gorge.

However the government is yet to clearly articulate how it plans to proceed in this area.

Currently, it appears further protections may be included as part of the government's review of the Environmental Protection and Biodiversity Conservation ACT (EPBC).

AMEC chief executive Warren Pearce warned WA's new laws are far-reaching and the most demanding of any in Australia, already putting a heavy onus on compliance requirements for companies.

"The mining and exploration industry cannot support new federal legislation that increases requirements on companies, or duplicates existing state protections," he said on Friday.

"All that will do is add more time and cost to industry, slow exploration and project development, and ultimately deny opportunities for regional and remote Australia.

"There is simply no need for more federal legislation to protect Aboriginal cultural heritage in Western Australia.

"At a bare minimum, the Federal Government should wait to see how the implementation of WA's new Act plays out, before further encroaching on this highly complex and contentious area."

Ms Plibersek's department has developed an "options paper", which proposes a series of national laws to govern the preservation of Australia's national heritage.

One of the three options in the paper was for the Commonwealth to establish new federal legislation through an "overarching national regime" to replace the existing Aboriginal and Torres Strait Islander Heritage Protection Act, which became law in 1984.

WA's new Aboriginal Cultural Heritage Act has copped fierce backlash from landowners, peak farming bodies and some First Nations groups over fears the laws could strictly limit how land is managed and developed.

Concerns have also been raised by stakeholders about activities such as digging fences and planting trees on owned land, which could be in breach of the legislation.

The Western Australian government made a raft of eleventh-hour concessions to its controversial new Act just days from its July 1 implementation.

The significant amendments, which mainly benefitted miners, came after months of negative feedback and confusion from farmers and landowners over the new Act, and despite the WA government appearing to ignore a record petition instigated by Pastoralists and Graziers Association of WA president Tony Seabrook, which had almost 30,000 signatures, calling for a six-month to delay to the Act's scheduled July 1 implementation.

The biggest change was the commencement date for more prescriptive survey requirements underpinning the new Act being delayed to July 2024, which were written into the guidelines listed on the Department of Planning, Lands and Heritage website on Friday.

However they were promptly removed, reportedly after issues were raised by industry representatives.

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