In a stunning move that will inevitably have dire repercussions for the Indigenous Voice referendum, Western Australia is overturning its contentious Aboriginal Cultural Heritage Act. Not amending — completely repealing.
WA Premier Roger Cook has apologised for the unintentional “stress, confusion, and division” caused by controversial Indigenous heritage laws in the state, and says the law will be overturned.
The laws were rushed into legislation in response to outrage when, in 2020, mining company Rio Tinto (completely legally) demolished a “sacred site” rock shelter in the Juukan Gorge. In a classic case of rushed law turning out to be very bad law, the new Act caused administrative chaos and levied exhorbitant costs on landowners.
Among the more egregious consequences of the new law, a tree-planting event to commemorate the late Queen Elizabeth II was cancelled at short notice because a “respected local knowledge holder” popped up out of nowhere and proclaimed its “significance”. In another case, a landowner was forced to pay $20,000 for an Aboriginal heritage survey on a piece of land only slightly bigger than an average suburban block.
Perhaps the most spectacular, or at least entertaining, though, was the on-camera bunfight between “traditional owners” at a freeway opening, over who had the right to conduct the “smoking ceremony” (and collect the sizeable paycheck).
It was all very embarrassing, especially for the WA Labor government’s federal counterparts trying to sell an “Indigenous Voice” Constitutional amendment.
Not that they’re admitting it.
Mr Cook said he told Anthony Albanese on Monday that he would scrap the legislation and that he was not influenced by federal legislators.
“I have not had any communication with the Prime Minister or any federal members in relation to these laws. The only contact I have had with the federal government in relation to these laws is when I contacted the Prime Minister yesterday to announce that we would be going in this direction.”
But at least they’re admitting what everyone could see a mile off: this law was a disaster waiting to happen.
“Simply put, the laws went too far, were too prescriptive, too complicated and placed unnecessary burdens on everyday Western Australian property owners,” Mr Cook said.
“I understand that the legislation has unintentionally caused stress, confusion and division in the community. And for that, I am sorry.
And yet, for all that, some Aboriginal groups complained that the laws didn’t go far enough.
Even more embarrassing for the Voice campaign is that the laws are being completely dumped.
“The changes announced today will end the … burden that was placed on landowners.
“The key point I want to make is that there will be no requirement on everyday property owners to conduct their own heritage survey.”
He also said the reversion to 1972 legislation with amendments would not be further amended in this term of government.
“We have no reason to revisit these laws again,” Mr Cook said.
The Australian
The overturning of the laws will only underscore a key argument for the No case: bad laws passed by a parliament can be done away with. Bad laws written into the Constitution are there for good — barring another referendum, a process that would not take place for decades.
Having seen what happened in WA, many Australian voters will surely be asking if they want to inflict such pain on themselves at a Constitutional level.
