Aboriginal Cultural Heritage Act
Statement by the Karri Karrak Aboriginal Corporation on the repeal of the Aboriginal Cultural Heritage Act 2021
The Board of the Karri Karrak Aboriginal Corporation (KKAC) and its Cultural Advice Committee stand in solidarity with the Muntulgura and Guruma people who are investigating the damage to an ancient rock shelter on their country, as a result of blasting by Rio Tinto in August 2023.
In the same month, the State Government announced its decision to attempt a repeal of the Aboriginal Cultural Heritage Act 2021, in a decision that shocked and disappointed those concerned with the protection of our state’s heritage.
While the 2021 Act was criticised by Aboriginal stakeholders, who were largely excluded from its implementation, KKAC and others had been working tirelessly to enact the legislation within their corporations, while also being accused again of asking for too much where heritage protections are concerned.
Regardless of criticisms, the Aboriginal Cultural Heritage Act 2021 was a notable improvement on the Aboriginal Heritage Act 1972, infamously credited with the destruction of Juukan Gorge and countless others of the State’s heritage sites in the last 50 years.
Stephen van Leeuwen, KKAC Chair, said “It is hard to imagine another sphere of our society where legislation drafted in the early seventies, known for its profoundly negative and irreparable damage to this country’s heritage, could be reintroduced to Parliament in 2023 with a straight face.”
“Aboriginal cultural heritage is Australia’s cultural heritage and the latest incident at Namuldi is clear evidence that robust, co-designed legislation is required to protect it for the benefit of all Australians.” Stephen said.
The Board of KKAC asks that the Western Australian Premier take this latest incident as a cue to invest in a legislative drafting process that has Aboriginal stakeholders at the centre, and meaningfully commit to protecting Western Australia’s priceless and irreplaceable tangible and intangible cultural heritage.
A rushed return to the 1972 legislation does not serve the Western Australian community, as it only protects those companies and individuals who will continue to offer empty apologies without a change of behaviour for as long as we allow it.
