Aboriginal Heritage Act Reform

The blasting at Juukan Gorge, which has received considerable media coverage during the past month, has again brought to the fore what some regard as apparent issues with the Aboriginal Heritage Act 1972 (WA) (WA Act), now passed almost half a century ago.

The blasting had received ministerial approval in 2013. In 2014, archaeology excavations found several artefacts that dated back tens of thousands of years. Despite finding that these artefacts were of 'high archaeological significance' the Ministerial decision was not able to be reversed. The WA Minister for Aboriginal Affairs, Ben Wyatt MP, was not aware of the blast or the concerns prior to the event. The blasting proceeded with ministerial approval and exposed what some regard as the deficiencies in Western Australia's existing cultural heritage protection system.