Mining projects in WA have been thrust into uncertainty, with the Government looking to pull cultural heritage legislation just one month after enacting it.
The new laws sought greater involvement between traditional owners and resources and agricultural companies, ultimately aiming to protect locations with cultural significance.
It came in the wake of the 2020 Juukan Gorge incident, where ancient rock shelters were destroyed at a Rio Tinto operation.
Under the new heritage laws, where there is a likelihood of cultural heritage being affected or disturbed, landowners are required to submit a management plan or permit to the Aboriginal Cultural Heritage Council for approval.
The law covers activities on land over 1100 square metres and carries fines of up to $10 million dollars for corporations in breach of the legislation.
Criticism of the legislation was widespread amongst resources companies and traditional owner groups alike.
Chief concern among miners was the apparent red tape which threatened to stymie operations.
Association of Mining and Exploration Companies chief executive Warren Pearce said the association was concerned that the Government was offloading its responsibilities onto land councils, which are under-resourced for the task.
“If they’re not resourced to deal with all the work coming at them from mining companies, from state governments and local governments with public projects, then the reality is all those projects are going to be slowed down substantially,” he said.
Some Traditional groups were critical of the ‘catch-22’ built into the legislation, which gave the Aboriginal Affairs Minister final say over the status and protection of all cultural sites.
But just a month after enactment, the WA Government indicated its intention to repeal the laws.
The governing law will revert to the Aboriginal Heritage Act 1972 while the Government considers its options. Any new legislation is likely years away.
News of the repeal has left stakeholders more confused than relieved.
Pilbara Minerals chief executive officer Dale Henderson expressed concerns about the legislative changes at the Diggers ‘n’ Dealers mining conference in WA.
“I think there’s change under way, which presents uncertainty,” he said.
“I think like most groups, we’re just looking for certainty around what the changes are.
“But it’s really important legislation, and it’s important that it’s correct and serves the purposes intended.”
