The criticism against the act has been harsh, with the Nationals, Liberals, the WA Farmers, and the Pastoralists and Graziers Association all pushing back against the legislation. In particular, most of the concerns have stemmed from what has been overreach by indigenous groups after community events were cancelled due to the lack of clarity around the legislation.
This included the cancellation of two major tree plantings by 120 LandCare volunteers in July who were to plant 5,500 seedlings along the Canning River in Perth. However, this was aborted after the newly formed Whadjuk Aboriginal Corporation’s CEO, David Collard, allegedly demanded $2.5 million before the plantings could proceed. Collard is now no longer employed by the corporation.
The statement also conveyed that this situation was not related to the Aboriginal Cultural Heritage Act 2021 and that the corporation has now agreed to the planting of the seedlings, which will preserve the area. It is presumed that this is without the $2.5 million (US$1.6 million) payment.
This incident occurred just one week after a tree planting event at Wonthella Bushland Reserve in Geraldton was also shut down by a member of the Indigenous community.
However, this was later denied by the Elder in question, Nhanhagardi and Wajarri woman Donna Ronan. She told ABC that the event was shut down because it honoured Queen Elizabeth II and not because of the cultural heritage act.
Will the Heritage Laws Affect the Voice Referendum?
More negative publicity appeared in the West Australian. The newspaper reported that a landowner in the Pilbara had been quoted more than $20,000 for an Indigenous heritage survey to be carried out on a one-acre residential block.The costs were broken down in the West Australian as consisting of $4,150 for archaeology, $4,500 for ethnography, $4,300 for knowledge holder fees, $4,300 for logistics, plus nearly $2,000 for sundries, including an engagement fee and travel allowance.
Other States Seeing Similar Issues with Indigenous Controls
Meanwhile, other states are also seeing problems arise around indigenous “preferential treatment.Premier Daniel Andrews’ government’s deal with the Barengi Gadjin Land Council is creating media attention because of a settlement agreement that affects the local government areas in Victoria’s northwest, including Mildura, West Wimmera, Pyrenees, Northern Grampians, Horsham, Buloke, Ararat, and Yarriambiack.
This agreement gives “preferential” access to procurement contracts and jobs, the power to rename all roads, bridges, and public spaces, as well as to co-manage waterways and biosecurity.
“The chaos that was caused in Western Australia is an indication of what could happen if a Voice to Parliament is enshrined in our constitution. You can scrap a bad law—but you can’t change the constitution once you have altered it,” Senator Cash said.