WA's Aboriginal Cultural Heritage Reforms Start Tomorrow: Essential Information

After much public discourse over the last few weeks (and some last minute clarifications), the Aboriginal Cultural Heritage Act 2021 (WA) (ACH Act) will come into force tomorrow (1 July).

The ACH Act reflects a significant modernisation and change from the existing Aboriginal Heritage Act 1972 (WA). It includes a new approvals regime, a positive obligation to perform due diligence assessments relating to Aboriginal cultural heritage (ACH) and a requirement to consult with relevant Traditional Owners prior to commencing any activities which may harm ACH, as well as imposing significant new penalties for offences for causing harm to ACH. While the ACH Act represents a steep change in statutory requirements, practically, it codifies what was previously regarded as best practice management for consultation, engagement and completion of heritage surveys into law in Western Australia.