The WA government says it will make a final decision about its cultural heritage laws soon, amid reports it plans to dump the controversial changes.

August 6, 2023

The West Australian government says a final decision about changes to its controversial cultural heritage laws will be made soon, amid reports it plans to dump the month-old legislation.

Deputy Premier Rita Saffioti said the government has continued to consult with stakeholders and denied the federal government had pressured it to abandon the new laws.

“No final decision has been made in relation to the future of the act, that’s something that’s going to happen soon,” she told reporters on Sunday.

“All options are on the table and nothing has been ruled in or out.

“A priority will be to make sure Juukan Gorge can never happen again.”

According to The West Australian, the Labor government foreshadowed a backflip on the legislation at a briefing with big resources companies and Indigenous groups on Friday.

Ms Saffioti said the government kicked off a further round of talks with stakeholders about the legislation following a widespread community outcry against it, particularly among farmers.

She denied the potential impact on the Indigenous Voice referendum had triggered the fresh consultation.

“Some people intentionally tried to confuse the two matters,” Ms Saffioti said.

“This is a very challenging area.

“An attempt was made to get the balance right and it’s obvious from feedback that there were many issues and that’s why a further round of consultations and feedback was sought.”

Opposition spokesman for heritage Neil Thomson said the Cook government had failed to provide leadership on the issue after 30,000 people signed a petition against the laws.

He called on the premier to front the media and provide clarity on the future of the legislation.

“What is the situation?

“What decisions can be made at the moment for those important investment decisions across our state in WA?”

“This had created an absolute mess in our community,” he said.

The new Aboriginal Cultural Heritage Act laws came into effect on July 1, after the government resisted calls from pastoralists and the opposition to delay their introduction.

WA’s previous laws dated back to the 1970s and notably allowed the state’s Aboriginal affairs minister to grant land users permission to disturb cultural heritage sites.

Rio Tinto had ministerial approval in 2020 when it blew up the 46,000-year-old Juukan Gorge rock shelters, sparking global condemnation and devastating traditional owners.

The new system abolished the Section 18 approvals process and placed an emphasis on agreements between land users and traditional owners.

But there were deep concerns about the compliance requirements, some of which were only made clear days before the laws came into effect.

The Puutu Kunti Kurrama and Pinikura Aboriginal Corporation, the traditional owners of Juukan Gorge, said it was devastated, angered and felt betrayed in the wake of reports the government could backflip on the laws.

WA farmers had planned to protest outside state parliament over the Act on Tuesday, when MPs are scheduled to return following a break.