They will represent traditional owners and negotiate with land users, but may also be expected to monitor compliance of agreements. But heritage professionals and Aboriginal groups have concerns about the complex bill which is open for consultation for just five weeks. But insiders say significant sites are routinely damaged and the way mining companies approach heritage issues often falls short of their rhetoric. An uncomfortable power divide between traditional owners and land users has been highlighted by a long-anticipated overhaul of Western Australia's antiquated Aboriginal heritage laws, which critics fear has missed the mark.

Please provide your input to the Government on the Bill. "The bill is the culmination of more than two years of consultation with Aboriginal people, industry stakeholders and the broader Western Australian community," he said. "Some scopes of work that I've been given actually even mandate the methods that you will use to record sites and how you will identify sites," Ms Thomson said. It's also proposed that prescribed bodies corporate (PBCs) under the Native Title Act will be appointed as Local Aboriginal Cultural Heritage Services (LACHS). WA's Chamber of Minerals and Energy is still considering the legislation but said the mining sector broadly supported modernising the Aboriginal Heritage Act. - exempt activity means any of the following activities —(a) construction or renovation of a residential building orancillary building on a lot that is less than 1,100m2in accordance with the Planning and Development Act 2005;My note - What of private property greater than 1100m2 in the city? It defines and puts into place the new rules relating to access to the Land in WA by people and the measures necessary to get approval to access and undertake activities on the land (ALL land) after Aboriginal Heritage is taken into consideration. But Yamatji Marlpa Aboriginal Corporation said too much decision-making power remained with the minister. You know it's curious that I talked about Australian's Gold Prospecting Heritage in the last newsletter and yesterday we received an email about the new Aboriginal Heritage Act proposed for WA. 0000004913 00000 n

In Western Australia, the WA Act is currently the subject of review. Minimal impact activities may include light vehicle patrols, metal detecting and maintaining and refurbishing existing facilities, including recreation and camping facilities, water points, signs and other structures. You know it's curious that I talked about Australian's Gold Prospecting Heritage in the last newsletter and yesterday we received an email about the new Aboriginal Heritage Act proposed for WA. Practically speaking, the Bill aims to recognise the importance of Aboriginal cultural heritage to Aboriginal people. "I don't see a single thing that would stop Juukan from happening again," Yinhawangka Aboriginal Corporation chief executive Grant Bussell told the Senate inquiry this month. In a statement, Aboriginal Affairs Minister Ben Wyatt told AAP the state government would provide initial funding to help establish the LACHS and would seek additional federal support. 0000000716 00000 n Nobody gets ALL the gold. This will be addressed by the minister having the power to issue stop-work orders. WA's Chamber of Minerals and Energy is still considering the legislation but said the mining sector broadly supported modernising the Aboriginal Heritage Act. %%EOF 0000002658 00000 n This Bill seeks to replace the now outdated Aboriginal Heritage Act 1972, following extensive consultation over the last two years with key stakeholders, industry professionals and Aboriginal people in Western Australia. IT IS SCARY - DO NOT SAY YOU WERE NOT TOLD ABOUT THIS. Under the new regime, they will have the same appeal rights as land users and the controversial Section 18 approvals process will be scrapped. (e) taking photographs for a recreational purpose;(f) recreational activities carried out on or in public waters or on a public place; (g) clearing of native vegetation in accordance with aclearing permit granted and in force under theEnvironmental Protection Act 1986 Part V Division (2) Through its terms, this Act recognises the special interest Aboriginal people have in protecting, preserving and managing Aboriginal cultural heritage. The incident sparked global outrage and considerable investor backlash, resulting in the resignation of Rio's CEO and two other executives. Mining companies and other land users will also face tougher penalties of up to $10 million for damaging sites without authorisation. Power to stop and enter vehicles and ancillary powers;217. The government has promised the new Aboriginal Cultural Heritage Management Code and regulations will be made publicly available.

0000001424 00000 n "I don't see a single thing that would stop Juukan from happening again," Yinhawangka Aboriginal Corporation chief executive Grant Bussell told the Senate inquiry this month. 0000003540 00000 n 0000007562 00000 n H�\��n�0��y This will be addressed by the minister having the power to issue stop-work orders. (d) travelling on an existing road or track;My note - What is the definition of an existing track? WA's existing Aboriginal Heritage Act dates back to 1972 and notably does not give Aboriginal people the right to appeal decisions. Mr Wyatt, who is also the state's treasurer, has said such a scenario will be rare. - You may be surprised at the massively draconian penalties and abilities of Inspectors under this act. Anthropologist and archaeologist Robin Stevens fears it will place a huge administrative burden on severely under-resourced PBCs. 2;My note - What of clearing other trees or vegetation on Private property(h) burning that is done — (i) for fire prevention or control purposes or otherfire management works on Crown land; and (ii) by the FES Commissioner as defined in the Fireand Emergency Services Act 1998 section 3; (i) reploughing or reclearing an established fire-break;My note - Does this include new firebreaks (j) any other prescribed activity; ...Sorry about the dry nature of this newsletter but it will have an impact on everyone. Under the … *]YU��OK[�)wW��N�}�n��n��xpr�D��I] WA has some of the oldest sites of human existence on the earth; it’s also home to some of the world’s richest resource deposits. (d) the sea-bed and subsoil beneath, and all islands and structures within, the waters referred to in paragraphs (b) and (c); So it covers ALL land in WA not just Crown Land. In NSW, the Aboriginal Cultural Heritage Reform (NSW Reform) has been proposed. 0000002279 00000 n An uncomfortable power divide between traditional owners and land users has been highlighted by a long-anticipated overhaul of Western Australia's antiquated Aboriginal heritage laws, which critics fear has missed the mark. It also erodes the right of the majority of Australians to enjoy the bush. Under a new tiered approvals system, land users must enter a management plan with traditional owners if a medium-to-high level of disturbance is anticipated.

The state government says its draft Aboriginal Cultural Heritage Bill will empower Indigenous people to make agreements about the use of their land. trailer bush campers and many others as well. Rio Tinto has promised to modernise its participation agreements with traditional owner groups in the Pilbara, while BHP has pledged not to act on any existing Section 18 approvals without extensive consultation.

Who Has been Involved in Developing the Act? "The objectives of the Act are focused on managing harm to Aboriginal heritage," Australian Association of Consulting Archaeologists WA branch chair Jo Thomson told AAP. �z��/�xXv�d��e��������``� hX Australia: Aboriginal Heritage Act Reform 13 July 2020 . x�b```b``�g`�M� ���,�L`~["��C���1N!&m���.���U�����c�������� � 4�nJ}2M�9P\6�y�T���>�8Ϥĭ�~� If you want to protect YOUR right to go metal detecting and prospecting in WA in the future, then read the proposed Act and put in a submission pointing out its deficiencies. Other proposed changes have been welcomed. Activities greater than this level will require a Heritage Management plan, "It is expected that anthropological and environmental surveys may be required by proponents as part of their due diligence, and to support the development of management plans.". Under a new tiered approvals system, land users must enter a management plan with traditional owners if a medium-to-high level of disturbance is anticipated. But heritage professionals and Aboriginal groups have concerns about the complex bill which is open for consultation for just five weeks. 0000004800 00000 n Directions237. "I am a strong advocate for protecting, recognising and commemorating Aboriginal heritage in WA, which is the very reason why I'm progressing modern Aboriginal heritage legislation that will put Aboriginal people at the centre of agreement making," he said. Self-incrimination not an excuse. "The objectives of the Act are focused on managing harm to Aboriginal heritage," Australian Association of Consulting Archaeologists WA branch chair Jo Thomson told AAP. Rio Tinto has promised to modernise its participation agreements with traditional owner groups in the Pilbara, while BHP has pledged not to act on any existing Section 18 approvals without extensive consultation. Anthropologist and archaeologist Robin Stevens fears it will place a huge administrative burden on severely under-resourced PBCs. Assessment Criteria Aboriginal Heritage Act 2000 - Tiered Apporach, Overview of the Aboriginal Cultural Heritage Act 2020, APLA Newsletter to Members about Aboriginal Heritage Act Changes, WA Corona Virus Roadmap Controls from 18 May 2020.

0000002244 00000 n %PDF-1.5 %���� <<19CB633802F510469B02CC4A86C8E612>]>> "That limits you - the power is in the proponent's court to say 'No, you can't record that artefact scatter because we don't believe it's (relevant under the Act)'. But when you bring it up against Aboriginal people, Aboriginal culture ... you guys know as well as I do who is going to come out on top.". Transparency International Australia CEO Serena Lillywhite told AAP the disparity in resourcing between Aboriginal groups and mining companies and the state's reliance on iron ore royalty revenue may constitute corruption vulnerabilities. "4. What is the Aboriginal Heritage Act About?. (a) all land within the limits of the State; and, (b) all marine and other waters within the limits of the State; and, (c) all coastal waters of the State as defined by section 3(1) of the Coastal Waters (State Powers) Act 1980 of the Commonwealth; and. - Don't be swayed by the non-threatening language in the "Pathways" and "FAQ" document - Read the Act and make a judgement from that - it is scary. 0000001833 00000 n ����c�U}�m?C��G��]o��i�y�p�ko�]���}�~�к $q�L3��Ơ( ���i�<=�� |�}o���U5��s?8��!�������U�� ���%�_����u��d�hpr�F��+ED���L�К�q.�K��[1G-�{�=�A�@��V��8����b΅sf�I�'��}R�I�'̈́3f�O9>�|2�'ό=�hk��8�'���S�V�Z�Aq�����G����,L,r�+��T8e����|�&��^.

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