Heritage Department Bypasses Cultural Governance in the Southwest
Media Statement
The Noongar Regional Corporations (NRCs) express deep concern over the State Government’s position that NRCs are not the first point of contact for consultation with Noongar people on matters of Aboriginal Cultural Heritage.
This position is inconsistent with both the spirit and framework of the South West Native Title Settlement (the Settlement) and contrary to the determination and execution of Native Title rights across Australia.
The Western Australian State Government’s Consultation Policy for Section 18 Applications, allows proponents to select who they engage with, circumventing the Native Title Party, as the NRC and “front door”.
Rather than respecting the cultural protocols and governing documentation that NRCs must observe about who has the right to speak for Boodja (Country), the Department of Planning Lands and Heritage (DPLH) is advising proponents who they can speak to about their development projects.
Determining who holds the right to speak for Boodja is not a tick-box exercise. It requires decades of genealogical research, understanding of apical ancestry, and the knowledge and insight Regional Agreement Groups, Cultural Advice Committees, and Boards of Directors- that government departments and proponents simply do not possess.
Noongar people do not need State intervention in determining cultural authority. This is inappropriate and patently unnecessary overreach contrary to the State Government’s Aboriginal Empowerment Strategy 2021- 2029.
The State’s approach suggests DPLH possesses all knowledge as it relates to Noongar Cultural Heritage. It does not.
Proponents must come to the NRCs first to ensure they are directed to the appropriate families and individuals, ensuring – where mutual agreement is possible – major projects proceed with appropriate consents.
If proponents and governments can choose for themselves who to speak to without first contacting the representative authority, an authority obtained through a Noongar- wide community consensus process, then cultural authority and responsibility for Noongar Cultural Heritage risks being left in the hands of individuals, small groups or businesses for commercial gain at the expense of the relevant Regional Agreement Group.
This approach will lead to disputes over Section 18 consents, as NRCs exercise their rights as the Native Title Party under the Aboriginal Heritage Act 1972 as well as referring matters to the Commonwealth Government under the Aboriginal and Torres Strait Islander Heritage Protection Act.
This will have the inevitable result of potentially avoidable long delays to major development projects.
Noongar people need the State to respect and support the system it established through the Settlement – a system designed to ensure cultural decisions are made by those with the recognised authority to speak for Noongar Boodja.