Aboriginal Heritage Act 1972

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The Aboriginal Heritage Act 1972 (AHA) is a law in the state of Western Australia governing the protection of Aboriginal cultural sites. The law protects all Aboriginal heritage sites in Western Australia, whether or not they are registered with the Department of Planning, Lands, and Heritage. The Minister for Aboriginal Affairs of WA must provide approval for any activity which will negatively impact Aboriginal heritage sites. Under the AHA, Aboriginal sites of outstanding importance may be declared Protected Areas. The AHA also provides protection for Aboriginal objects.[1][2]

Juukan Gorge destruction[]

Main article: Juukan Gorge

After the mining company Rio Tinto blew up the 46,000-year old caves in Juukan Gorge on 24 May 2020, which was legal under a Section 18 exemption of the Act,[3] WA Aboriginal Affairs Minister Ben Wyatt started a review of the Act.[4]

The interim report of a bipartisan parliamentary inquiry into the incident published on 9 December 2020, entitled Never Again, makes several recommendations, including a halt to all actions presently occurring under Section 18 of the AHA, and a moratorium on Section 18 applications. It also recommends that the Western Australian Government review and reform the current state heritage laws, and that the federal government review the Aboriginal and Torres Strait Islander Heritage Protection Act 1984.[5] It also outlines deficiencies in the WA Act.[6]

References[]

  1. ^ "Protection under the Aboriginal Heritage Act 1972". Department of Planning, Lands and Heritage. Retrieved 29 May 2020.{{cite web}}: CS1 maint: url-status (link)
  2. ^ "Aboriginal Heritage Act 1972". Western Australian Legislation. Government of Western Australia. 18 November 2013. Retrieved 2 July 2020. PDF
  3. ^ Perpitch, Nicolas (23 August 2020). "Rio Tinto executives stripped of bonuses over destruction of Juukan Gorge rock shelters". ABC News. Australian Broadcasting Corporation. Retrieved 24 August 2020.
  4. ^ Michelmore, Karen (7 August 2020). "Rio Tinto didn't tell traditional owners there were options to save ancient Juukan Gorge rock shelters". ABC News. Australian Broadcasting Corporation. Retrieved 24 August 2020.
  5. ^ "Never Again". Parliament of Australia. 9 December 2020. Retrieved 5 January 2021.
  6. ^ Kemp, Deanna; Owen, John; Barnes, Rodger (9 December 2020). "Juukan Gorge inquiry puts Rio Tinto on notice, but without drastic reforms, it could happen again". The Conversation. Retrieved 5 January 2021.
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