WA Minister flags Aboriginal Heritage Act reforms
IN THE LOBBY: The Western Australia Government has announced a proposal to amend parts of the Aboriginal Heritage Act, which determines how sacred places and objects should be preserved.
If it goes ahead it will be the first changes to the act since its introduction 42 year ago.
The release of the Aboriginal Heritage Amendment Bill 2014 by the WA Minister for Aboriginal Affairs Peter Collier was greeted warmly by the mining and minerals exploration industry.
“The current legislation dates back over 40 years and is well overdue for comprehensive review and improvement,” Association of Mining and Exploration Companies (AMEC) CEO Simon Bennison said.
Bennison said AMEC had been advocating changes, both legislative and administrative, within the Department of Aboriginal Affairs for some time to streamline processes and remove what the group consider to be any unnecessary regulatory burden and red tape.
“Significant progress has been made with administrative processes and with the integrity of the Sites Register,” he said.
“However, legislative changes are a crucial component of the reform agenda and need to be progressed as soon as possible.
“The Amendment Bill should provide increased clarity and certainty for all stakeholders, as well as improve compliance, efficiency and effectiveness.”
AMEC is hopeful the proposed changes to the process, which includes: the issuing of Permits and Declarations, creating a register of Declarations and Permits, strengthening the integrity of the register of Aboriginal Sites and allowing the transferability of Section 18 Permits to another party will provide certainty for all stakeholders, whilst also protecting Aboriginal heritage sites.
“The proposed amendments should also contribute towards a reduction in the timeframes that apply to the approvals process,” Bennsion stressed.
“Some surveys can take days or weeks to complete and costs are extraordinarily high for miners and junior explorers to bear with a limited budget.
“In many cases substantial delays covering several months or years have resulted.
“This timeframe and cost does not include the other approvals processes that companies still need to go through before they even start their work program.”
AMEC said it would like to see early passage of the legislation through Parliament adding it is prepared to continue to work with the Government, the Opposition and the Department of Aboriginal Affairs to implement the legislative reform and associated Regulations over the coming months and during the transition phase.
AMEC’s concerns were echoed by the Chamber of Minerals and Energy of Western Australia (CME) as it also welcomed the release of the amendments to the Aboriginal Heritage Act.
“CME has long advocated for improvements to develop additional transparency and certainty in the Aboriginal Heritage system,” CME deputy chief executive Nicole Roocke said.
“The Aboriginal Heritage Act has been in operation since 1972 and CME considers it an appropriate time to update the legislation so it remains contemporary.”
CME identified the resources sector as a key stakeholder in the heritage system, and went on to declare that like all stakeholders involved, the industry is looking for a system which is balanced and efficient while effectively protecting Aboriginal heritage sites of significance.
CME said it too would be working during the consultation period with industry members and the Department of Aboriginal Affairs to ensure the resources sector’s perspectives are taken into account.
“The resources sector is focused on ensuring the amendments result in an improved, efficient and robust system,” Roocke said.
Greens MP Robin Chapple agreed the changes would aid mining companies, but would also represent a “complete desecration” of an Act he considers to have already been watered down since its inception.
“They’ve taken away what was left of a shell of an Act and just trashed it,” Chapple was reported as saying by the ABC.
According to the ABC report Minister for Aboriginal Affairs Peter Collier said the Act only needs a bit of tweaking to ensure the state’s Aboriginal heritage continues to be protected.
“What we’re actually doing is streamlining the process of Aboriginal heritage without removing the rigour which serves to protect those sites,” he said.
Chapple said the consultation period is too short.
“For Aboriginal communities to get a hold of it, digest it, and become aware of it even, takes several weeks,” he told the ABC.
“So I don’t think we’re going to see anything in a hurry, because of the very nature of remote communities.
“I don’t think eight weeks is nearly enough. For something like this you need about six months.”