Western Australian Premier Roger Cook has revealed that his administration is removing regulations passed in a rush two years ago in an attempt to safeguard Aboriginal cultural places.
After mining company Rio Tinto destroyed two sacred, 46,000-year-old rock shelters in Juukan Gorge in the state’s Pilbara area in 2020, the Aboriginal Cultural Heritage Act was introduced with bipartisan support.
However, after taking effect five weeks ago, the legislation drew harsh criticism from farmers and other landowners who claimed they made it impossible and prohibitively expensive to make adjustments to their property.
Cook caved in to public pressure on Tuesday, declaring that the regulations would be abolished and the 1972 legislation they replaced reinstated – albeit with certain changes to avoid a repeat of the 2020 Juukan Gorge disaster.
“It has become clear that the act went too far – introducing complicated regulations and ultimately placing the burden on everyday property owners,” he said.
“As Premier, I recognise that the legislation has inadvertently created stress, confusion, and division in our community.” And I apologise for that.
“As a result, our government has decided to repeal the Aboriginal cultural heritage laws and reinstate the original Aboriginal Heritage Act of 1972, following careful consideration, consultation, and community feedback.”
“Crucially, the Act will include simple and effective amendments to avoid a repeat of the Juukan Gorge incident.” However, property owners will be free to continue operating and managing their property as they have for the past 50 years.”
While farmers were pleased with the news, traditional owners were disappointed when the backflip was shown.
“Very disappointing, very saddened,” said cultural consultant Michelle Nelson-Cox on Sunday.
“It’s more of a stake in the heart than a slap in the face.”
However, Aboriginal Affairs Minister Tony Buti claimed that the planned modifications to the 1972 laws will protect First Nations holy places.
“We have targeted simple amendments aimed at ensuring that there is no further disruption of cultural heritage like we saw with the devastating loss of the 46,000-year-old Juukan Gorge rock shelter,” he explained.
He went on to say that the revisions will “give Traditional Owners the same rights of appeal as land proponents.”
