Premier against Federal Government enacting its own heritage laws overriding WA’s, says States ‘best placed’

Premier Roger Cook has pushed back on the possibility of the Albanese Government enacting federal Aboriginal cultural heritage legislation that overrides WA’s contentious regime. The Federal Government committed to new national cultural heritage protection laws as part of its response to the Juukan Gorge disaster, and the idea to have them “override” all State and Territory versions was one of three options put forward in an options paper. They were developed within Environment Minister Tanya Plibersek’s department in partnership with the First Nations Heritage Protection Alliance, and - repeatedly asked by The West Australian if the drastic option remained on the table - Ms Plibersek has refused to shut the door. She said work with the alliance continued, adding she wanted “to make sure we take the time necessary to get this right”. Mr Cook was cool on the prospect on Wednesday. “Our Aboriginal Cultural Heritage Act changes respond to the Senate inquiry in relation to the Juukan Gorge situation,” he told reporters in Port Hedland. “So we don’t see a need to duplicate those laws at the Commonwealth level. “And we believe that the State Government is in the best position to have these laws in place and make them workable for the Western Australian community.” Earlier, Women’s Interest Minister Sue Ellery said that while the Federal Government was entitled to pursue its own legislative agenda, all States “operate on the basis that we don’t want duplication”. “That doesn’t really help anybody,” Ms Ellery said. “But both jurisdictions have long operated with laws in similar areas.” A day after Aboriginal Affairs Minister Tony Buti indicated the controversial laws could be in for a major overhaul - declaring nothing was off the table - Ms Ellery said she took his comments as meaning changes could happen “immediately” if necessary. Mr Cook said he was “simply getting on with the job of making sure we work collaboratively with the community ... so that people understand their obligations under the laws”. “But also making sure that we can make changes where those laws need to change,” the Premier said. The laws came into effect on July 1 and have been criticised by farmers and other private landowners. They would also prove a minefield for local councils, the highly-regarded barrister who led the historic Mabo case, Greg McIntyre, told The West this week. Under the current plan, an implementation group chaired by the director general of the Department of Planning, Lands and Heritage will provide information about common and emerging issues - and offer potential solutions - in the first six months. The group includes representatives from the Aboriginal Cultural Heritage Council and mining, property and farming industries, and its work will feed into a review of the Act at the 12 month mark. “We’re going to work collaboratively and in partnership with these people and these groups to make sure that we implement these laws in a way which takes account of their concerns,” Mr Cook said. Asked about ongoing criticisms and media coverage of the Act, Ms Ellery said “colour and conflict” was at the heart of reporting “so I don’t take any issue with that”. “These are important issues.” She reiterated the State Government would take “an educative role” in the first 12 months. “No-one is going to be made an example of ... there’s not going to be any gotcha moments.”