The Victorian Premier has accused the state opposition of stoking "nasty racial division", while the the Federation of Victorian Traditional Owner Corporations has labelled Liberal leader John Pesutto's promise to tighten rules around Indigenous community involvement in planning decisions as "racist, baseless, and utterly unacceptable".
Speaking at the Liberal Party's state council on Sunday, Mr Pesutto pledged to "cut red tape" and "speed up approvals"; focussing specifically on the legally required cultural heritage management plans (CHMPs), which he argued are stalling development, as well as creating concern for developers.
He said while he had spoken to stakeholders in the building sector, he admitted to not having spoken to First Nations organisations on the matter.
The opposition is pledging to put in defined, but not yet specified, timelines and fees for cultural heritage processes, and will publish an annual audit of approvals for housing linked to CHMPs.
Earlier this year, the opposition withdrew their support for the previously bi-partisan Treaty negotiations, ostensibly citing heritage concerns – despite making no submission to the land management inquiry.
Despite Mr Pesutto's concerns surrounding time frames, under legislation, Registered Aboriginal Parties (RAPs) and the Department of Premier and Cabinet are required to approve plans, once received, within 30 days.
On Tuesday, FVTOC chair executive Paul Paton dismissed Mr Pesutto's allegations as "misguided" and "unsubstantiated".
"Mr Pesutto's comments are nothing but a baseless dog-whistle that will set racists upon the Traditional Owner groups working hard to carefully preserve and generously share their cultural knowledge and heritage with all Victorians," he said.
"His harmful and incorrect conflation of cultural heritage processes with building timelines shouldn't be dignified with any more attention but does require a response so the public has the facts."
Victorian Premier Jacinta Allan said whilst the government acknowledged the need to streamline the entire planning process to "make good decisions faster," CHMPs were only one part of all third-party approval processes which needed to be improved to allow more homes to be built in the state.
"This is being used by this true blue Liberal outfit, that John Pesutto leads, to drive nasty racial division at precisely the time that we should be focused on two things, looking doing everything we can to build more homes and everything we can to build that pathway towards treaty, because it provides for better outcomes for all Victorian," Ms Allan said.
In January, data from the government provided to National Indigenous Times showed 410 planning permits in the last financial year required a management plan, accounting for only 0.91 per cent of all applications.
Despite some reports, CHMPs are only required when a "high impact activity" is planned in an area of "cultural heritage sensitivity".
"The data simply doesn't support the suggestion that cultural heritage laws are holding up housing developments," a First Peoples' Assembly spokesperson said.
Former Victorian Aboriginal Heritage Council director Matthew Storey said it was a racist dog-whistle to target CHMP's out of all the possible factors that delay developments.
"Why cultural heritage? " he asked. "Why not environmental approvals? Why not planning approvals?"
On Tuesday, the Herald Sun reported the government was conducting a "secret review into the state's trouble-plagued cultural heritage process". National Indigenous Times understands the review is a regular, open discussion with all stakeholders — including Traditional Owners and developers.
Minister for Treaty and First Peoples Natalie Hutchins told National Indigenous Times the government was not "reviewing" cultural heritage laws, but "looking at whether the Cultural Heritage Management Plan system can be strengthened".
"While John Pesutto and his Liberals once again turn their backs on Aboriginal Victorians - we're getting on with delivering more housing through our Housing Statement which is creating the conditions to deliver another 800,000 homes over the next decade," Minister Hutchins said.
Indigenous groups, including Assembly co-chair Reuben Berg, have acknowledged "some flaws to the system" surrounding cultural management, but cite a lack of resources to handle the quantity of applications they have to assess.
"If there are concerns about timeframes, how about properly resourcing the relevant bodies? It is important that Traditional Owner Groups are adequately funded to complete the work requested of them," the Assembly spokesperson said.
"When you build things, it needs to be done properly, that's why building regulations exist for a range of things right through from heritage to safety to environmental standards. Many First Peoples communities and the broader community have seen cultural and historic heritage destroyed with rampant, ill-considered development."
Developers are ultimately responsible for initiating cultural heritage management planning processes, and Mr Patton argued that if housing supply concerns are to be taken seriously, "we must look at the shortage of builders, broken supply chains, council planning approvals, and market forces blowing out costs — not cultural heritage".
"That's how we know this baseless idea is just an excuse to distract from the real issues facing our communities," Mr Patton said.
"Inventing deadlines to hasten the heritage process risks corners being cut and precious culture being damaged or destroyed, forever."
