We got it wrong on heritage

Courtesy of the West Australian.

The people of WA were given a promise nine weeks ago.

That is when I was sworn in as Premier.

That is when I made the promise that the Government I lead will be one that consults and listens.

One that listens to everyone in the community. Listens to every West Australian.

My Government has delivered on that commitment.

The Juukan Gorge tragedy was a global embarrassment for Australia.

Something needed to be done to ensure it never happens again.

No one can argue against that common-held belief.

What is also clear is that the Aboriginal Cultural Heritage Act 2021 caused confusion and anxiety.

The new laws were too complicated and too prescriptive.

They went too far.

This was unintentional. But it placed an unnecessary burden on WA property owners.

And for that, I am sorry. True leadership is not about running from challenges.

It’s about running towards them and tackling them head on.

True leadership is making the right decision and taking the right action, regardless of the noise.

That is why the new legislation will be overturned. So we can restore confidence in our cultural heritage system, strike the right balance and provide the community with a simple and effective system.

One that ensures all landowners are equal and all have one simple obligation to protect heritage in our State.

The decision to overturn the new laws has not been made lightly.

It is a direct outcome of the consultation process that involved the establishment of an implementation group, to monitor and review feedback.

It has also followed extensive legal advice, that now allows us to reset. To end all the confusion and strike the right balance.

Reverting to the original 50-year-old legislation, with some simple and effective amendments, will cut the confusion and end the anxiety.

It will deliver on the original intent of the new legislation, to protect Aboriginal cultural heritage and avoid a repeat of the Juukan Gorge tragedy.

It will also enable all WA property owners to continue to operate and manage their property just like they have for the past 50 years, without uncertainty or fear of unknowingly disrupting cultural heritage.

It will provide clarity and certainty.

The changes will end the onerous burden that was placed on landowners.

There will be no requirement on everyday property owners to conduct their own heritage survey.

The State Government will start a long-term plan over the next decade to undertake heritage surveys of unsurveyed areas in high-priority sections of the State, with consent of landowners. The surveys will then be centrally held and published by Government, to the benefit of the State.

And we’ll properly support Aboriginal groups to engage under the laws with industry and government.

Areas where development is imminent will be prioritised.

The cost recovery model for proponents who need to submit a management plan to the Aboriginal Cultural Heritage Council will also be replaced.

With industry, we will establish a new model in coming weeks — one that is simpler and fairer.

I want to thank everyone across the community for their feedback. I would particularly like to acknowledge some of the key groups that have been impacted for their advice and the discussions we have had in recent days.

It is important to also acknowledge my Government colleagues who have approached me and stood up for the regions.

Good governments demonstrate humility, use common sense and listen to the people. And under my leadership, that is exactly what this Government has done.

We have done what we promised to do: to consult, to listen and to review.

To consider carefully, and if required, to act.

To deliver a positive way forward for everyone.

A way forward that values and preserves the oldest known living culture in the world and ensures West Australians can continue to live their lives and reach their full potential.

Roger Cook is Premier.

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