The Western Australian (WA) government will scrap its controversial Aboriginal Cultural Heritage Act just one month after introducing them following widespread anger among the agricultural and mining communities.
Under the act, landholders with a property bigger than 1,100 square metres were required to undertake cultural surveys for digging a hole more than 50 centimetres or lifting more than 20 kilograms of dirt, with surveys expected to cost between $120 to $160 an hour or up to $1,200 (US$786) a day, plus travel expenses.
In a statement on Twitter, Mr. Cook said that it had become clear that the new laws went too far and introduced “complicated regulations” which ultimately placed a burden on everyday property owners.
“As Premier, I understand that the legislation has unintentionally caused stress, confusion, and division in our community. And for that, I am sorry,” Mr. Cook said.
“After serious consideration, consultation and community feedback, our Government is making the decision to repeal the Aboriginal cultural heritage laws and restore the original Aboriginal Heritage Act of 1972.”
Speaking at a press conference Mr. Cook also said the change would allow all property owners to “operate and manage their property,” he said, “just like they have for the past few years without any fear of unknowingly disrupting cultural heritage sites.”
He also noted that the “concept of local Aboriginal cultural heritage services or LACHS will not continue.”
The WA government will also undertake, with landowners’ consent, periodic surveys of unsurveyed areas in high-priority areas of the state over the next decade, and the results will be made publicly available.
The Aboriginal Cultural Heritage Act laws came into effect on July 1, despite increasing community pressure that saw tens of thousands of people sign a petition to delay their introduction.
Once introduced, there were several incidents that reinforced community opposition, including the cancellation of major tree plantings to rejuvenate areas like Canning River in Perth.
The event was aborted after the newly formed Whadjuk Aboriginal Corporation’s CEO, David Collard, allegedly demanded $2.5 million before the planting of the 5,500 trees could proceed. Mr. Collard is now no longer employed by the corporation.
Additionally, another tree planting event at Wonthella Bushland Reserve in Geraldton was also allegedly stopped by a member of the Indigenous community.
National Party Welcomes Decision
National party leader David Littleproud has welcomed the decision, calling it a common-sense move.The Nationals had been the driving force behind a campaign to roll back the new legislation, including the recent “Let Farmers Keep Farming” event, which attracted hundreds of farmers to the regional WA town of Katanning.
“This is a victory for the people of Western Australia who made their feelings clear during the Let Farmers Keep Farming event in Katanning that they did not support this major government overreach,” Mr. Littleproud said.
But he noted that he believed the job was not done yet.
Premier Denies Decision Made Under Duress
Mr. Cook has also pushed back on commentary that the backflip was made under duress from the federal Labor government, which is facing increasing pushback about their proposed Indigenous Voice to Parliament.But Mr. Cook also admitted that he had informed Prime Minister Anthony Albanese about the decision on Monday.
“What I’m trying to do is make sure that we are a government that listens ... to the concerns of the community,” he said.
Australia is currently undergoing a referendum campaign which will, if successful, see the Constitution changed to allow for an Indigenous advisory committee to the federal government.
However, concerns have been raised over the oversight, reach, and capabilities of the committee, which will be elected from only Australians who identify as having Indigenous heritage.
