The West Australian government has scrapped controversial laws designed to protect Aboriginal cultural heritage following months of anger among farmers.

August 8, 2023

The West Australian government has axed controversial month-old cultural heritage laws following widespread anger among the farming community.

Premier Roger Cook announced the backflip after days of talks with stakeholders that agreed the legislation was too complex.

“The laws went too far, were too prescriptive, too complicated, and placed unnecessary burdens on everyday West Australian property owners,” he told reporters on Tuesday.

“We will restore the original act from 1972 with some simple and effective amendments.”

Mr Cook said the government had got the “balance wrong” and it was time to end the confusion and allow a reset on the issue.

He said the amendments to the old laws would prevent another Juukan Gorge incident.

“Importantly, all property owners can continue 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.”

Under the proposed changes, the Aboriginal Cultural Heritage Council will make recommendations to the Aboriginal Affairs Minister.

Mr Cook said the system would be fairer and simpler and reintroduce section 18 ministerial approvals, with landholders and native titleholders given the same right of review.

“The concept of local Aboriginal cultural heritage services or LACHS will not continue,” he said.

Mr Cook said he had briefed Prime Minister Anthony Albanese about the decision on Monday.

The new Aboriginal Cultural Heritage Act laws, which came into effect on July 1, abolished the Section 18 approvals process, which Rio Tinto used to blow up Juukan Gorge, and instead placed an emphasis on agreements between land users and traditional owners.

But there were deep concerns about the compliance requirements.

The Puutu Kunti Kurrama and Pinikura Aboriginal Corporation, representing the traditional owners of Juukan Gorge, said the government’s decision showed First Nations people and Indigenous culture weren’t a priority.

“Traditional Owners in Western Australia are back to square one and the Cook government is reverting to laws that allowed to destruction of Juukan Gorge,” heritage manager Jordon Ralph said.

The PKKP has written to Aboriginal Affairs Minister Tony Buti demanding clarification on what the government will do now.

The opposition called for Mr Buti to resign, saying Labor’s backflip was a significant admission of failure.

“This spectacular backflip could have been avoided if (the Cook government) had listened to the people of WA,” Liberals WA leader Libby Mettam said.

Nationals WA leader Shane Love said the government had failed to adequately consult the community and industry during the years it worked on the new laws.

“What significant pain our farmers and landholders had to endure to get to this point.”

About 500 farmers rallied on the steps of the WA parliament after the decision was announced.

WA Farmers president John Hassell said the decision was a good outcome because the laws were not workable and farmers had been fearful to make changes on their land under it.

He said the aim of the 2021 legislation had been to protect Australian cultural heritage but it had turned citizen against citizen.

“That is a terrible, terrible outcome of this legislation,” he said.

Mr Hassell said the 1972 legislation was also problematic and “there is still a long way to go”.

The Association of Mining and Exploration Companies said the new laws were unworkable and it was correct to scrap them.

“It will see them return to a simpler process for engaging with traditional owners and protecting cultural heritage, one with which they are already familiar,” CEO Warren Pearce said.

“The proposed amendments will also ensure that there is simpler and fairer system, which is equitable for industry and traditional owners.”

The 46,000-year-old Juukan Gorge rock shelters in the Pilbara region were destroyed by Rio Tinto in 2020.

The incident, which had ministerial approval, sparked global condemnation and devastated traditional owners. It also triggered the legislation that was abolished on Tuesday.