OPPOSITION politicians and the State's agricultural advocacy groups have criticised the State government for "ramming through" the parliament the Aboriginal Cultural Heritage Bill 2021.
The bill, which will replace a 50-year-old act, removes the controversial section 18 approvals process which exists under the Aboriginal Heritage Act 1972.
There was more than 100 changes to the original draft legislation before the bill was introduced to the Legislative Assembly last week.
The new legislation focuses on agreement making with traditional owners to ensure Aboriginal people can negotiate outcomes for projects and opportunities on their land.
The Pastoralists and Graziers Association of WA (PGA) president Tony Seabrook called for further consultation on the bill due to the complexity of the new legislation and its potential to disadvantage pastoralists and traditional land owners.
"WA's heritage legislation is widely outdated and in need of an overhaul, however given that this bill is being treated as urgent business in order for it to be passed by both houses of parliament before the end of the year, there is no opportunity for proper scrutiny or review by a relevant parliamentary committee," Mr Seabrook said.
He called for greater explanatory detail on the bill from the Department of Planning Land and Heritage, including the draft regulations.
"While the PGA does welcome the government's decision for the Minister of Aboriginal Affairs to retain final decision-making powers, there are concerns over many other sections of the bill, including that exemptions only apply to properties 1100 square metres or less, the definition of tier two and tier three activities and investigation and enforcement provisions to name a few," Mr Seabrook said.
"It is as absurd as the possibility of actually having to get permission on freehold land to sink a dam, put up a fence or create a road.
"The fact that these exemptions only apply to properties 1100m2 or less is pathetic - that's just a quarter of an acre block, a house and in no way is in any form of useful exemption."
Mr Seabrook said the regulation was another layer of red tape where the costs would absorbed by the landholder.
The Nationals WA leader Mia Davies also questioned why the government had not followed normal processes for the legislation and rushed the bill through as a matter of urgency.
"If the government has confidence in the legislation, that they have struck the right balance and consulted appropriately, then they should allow the bill to progress as normal and not rush it through," Ms Davies said.
"Forcing the parliament to urgently deal with this bill raises red flags about this Labor government's ability to be open and honest with not only fellow MPs but all Western Australians."
Fellow National party colleague Vince Catania, who is the party's spokesperson for Aboriginal Affairs, is also concerned about the power of approval held by the minister who would have the final say over whether certain development can go ahead.
"The opposition will be seeking more detail about that, as well as clarification on what exact types of developments will be captured under the legislation," Mr Catania said.
A working group of traditional owners, industry and government representatives will convene to oversee the co-design process for the bill's required regulations, key documentation and tiers of activity for the consultation and agreement making processes.
Aboriginal Affairs Minister Stephen Dawson said the bill had been three years in the making and gave Aboriginal people the right to make decisions on matters impacting their cultural heritage.
"These laws build on the many successful examples of collaboration between Aboriginal people and industry and empower traditional owners to negotiate agreements that can deliver broad outcomes and benefits for their communities," Mr Dawson said.
"This bill is the result of extensive consultation which will continue throughout implementation, starting with a co-design approach to the supporting documents that will help enact these new laws."
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