Guiding us through the transition back to the Aboriginal Heritage Act – Guidelines released

17 November, 2023
The Aboriginal Cultural Heritage Act 2021 (WA) has now officially been repealed and the Aboriginal Heritage Act 1972 (WA) has been reinstated with amendments. The Department of Planning, Lands and Heritage has published two new guideline documents on their website to aid in understanding the operation of the amended Aboriginal Heritage Act 1972 (WA). This blog post sets out the key details of the Department of Planning, Lands and Heritage's guidance documents and the State Government funding that has recently been announced to assist proponents to comply with their obligations under the Aboriginal Heritage Act 1972 (WA). Read more

Recycling the Aboriginal Heritage Act: Everything you need to know

14 November, 2023
The Aboriginal Cultural Heritage Act 2021 (WA), which came into force on 1 July this year, will officially be repealed tomorrow, 15 November by the Aboriginal Heritage Legislation Amendment and Repeal Act 2023 (WA). As covered in our blog post in August, Western Australia will be returning to an amended version of the Aboriginal Heritage Act 1972 (WA). This blog post summarises the key elements of the amended legislation and the transition process. Read more

Heritage today and tomorrow: An update on Aboriginal cultural heritage legislation in Western Australia

11 August, 2023
On Tuesday, the Western Australian State Government formally announced the new Aboriginal Cultural Heritage Act 2021 (WA) will be repealed, just over a month after it commenced. Regulation of Aboriginal cultural heritage will revert back to the Aboriginal Heritage Act 1972 (WA). In this blog post, we explain what the repeal legislation contains, implications for companies operating during the transition period and what might be on the horizon over the next year in this space. Read more

Overlap between the Environmental Protection Act and the ACH Act Aboriginal cultural heritage considerations

07 July, 2023
Aboriginal Cultural Heritage is a relevant factor to both the Aboriginal Cultural Heritage Act 2021 (WA) and Part IV of the Environmental Protection Act 1986 (WA). The Environmental Protection Authority has released guidelines to address the overlap between the EPA’s consideration of ACH in environmental impact assessments and the ACH Act processes. We have set out the key things you need to know about the EPA guidelines in this blog post. Read more

Who to consult when there are no LACHS?

06 July, 2023
A key issue in the discussions surrounding the implementation of the Aboriginal Cultural Heritage Act 2021 (WA) is the lack of local Aboriginal cultural heritage service providers (LACHS). The ACH Act has been designed to empower Aboriginal people with a statutory role in managing and preserving Aboriginal cultural heritage and to devolve decision making in relation to the identification and protection of ACH to Aboriginal people at a local level. Read more

Survey Reports – what can be relied on under the ACH Act?

05 July, 2023
The Aboriginal Cultural Heritage Act 2021 (WA) came into force on 1 July 2023. One of the key concerns raised in public discussions in recent weeks was the impact the ACH Act may have on existing heritage surveys. On 23 June 2023, the Department of Planning, Lands and Heritage released the Survey Report Guidelines to clarify this issue. This blog post breaks down the compliance requirements in the Survey Report Guidelines. Read more