Issues With WA Aboriginal Heritage Law Drive Concerns Over Indigenous Voice

Koomurri-Bujja Bujja dancers arrive for the smoking ceremony during the WugulOra Morning Ceremony as part of Australia Day 2022 celebrations at Walumil Lawns in Sydney, Australia, on Jan. 26, 2022. (Bianca De Marchi - Pool/Getty Images)

The Western Australian (WA) Aboriginal Cultural Heritage Act 2021, which became law on July 1, has created so much havoc that it’s reported it will be scrapped just one month after coming into force. The Cook Labor government is said to be making the announcement officially this week.

The criticism against the act has been harsh, with the Nationals, Liberals, the WA Farmers, and the Pastoralists and Graziers Association all pushing back against the legislation. In particular, most of the concerns have stemmed from what has been overreach by indigenous groups after community events were cancelled due to the lack of clarity around the legislation.

This included the cancellation of two major tree plantings by 120 LandCare volunteers in July who were to plant 5,500 seedlings along the Canning River in Perth. However, this was aborted after the newly formed Whadjuk Aboriginal Corporation’s CEO, David Collard, allegedly demanded $2.5 million before the plantings could proceed. Collard is now no longer employed by the corporation.

The Chair of the Whadjuk Aboriginal Corporation said in a statement: “The Canning River and its riverbanks are culturally significant to the Whadjuk people because the connection to this land is of central spiritual importance.”

The statement also conveyed that this situation was not related to the Aboriginal Cultural Heritage Act 2021 and that the corporation has now agreed to the planting of the seedlings, which will preserve the area. It is presumed that this is without the $2.5 million (US$1.6 million) payment.

This incident occurred just one week after a tree planting event at Wonthella Bushland Reserve in Geraldton was also shut down by a member of the Indigenous community.

The mayor of Geraldton, Shayne Can Styn, said in a Facebook post that a “respected local knowledge holder shut down proceedings on the basis of ground disturbance and the new Aboriginal Cultural Heritage Act and the significance of the site to the family.”

However, this was later denied by the Elder in question, Nhanhagardi and Wajarri woman Donna Ronan. She told ABC that the event was shut down because it honoured Queen Elizabeth II and not because of the cultural heritage act.

She said to the ABC, “That lady (Queen Elizabeth II) didn’t walk this country; she didn’t walk this land.”

On July 9, a smoking ceremony organised for the event with Whadjak Noongar man Steve Jacobs for the opening of a new stretch of the Mitchell Freeway in Perth was interrupted by another Indigenous man arguing that Mr. Jacobs didn’t have the right to conduct the ceremony.

Will the Heritage Laws Affect the Voice Referendum?

More negative publicity appeared in the West Australian. The newspaper reported that a landowner in the Pilbara had been quoted more than $20,000 for an Indigenous heritage survey to be carried out on a one-acre residential block.

The costs were broken down in the West Australian as consisting of $4,150 for archaeology, $4,500 for ethnography, $4,300 for knowledge holder fees, $4,300 for logistics, plus nearly $2,000 for sundries, including an engagement fee and travel allowance.

The connection between the Voice referendum and the Aboriginal Cultural Heritage Act has been mooted by some including political commentator Peter Kennedy, who told ABC news, “It’s clear that the controversy associated with the heritage legislation is getting confused with the Voice referendum. I would imagine that Anthony Albanese has picked up the phone to Roger Cook and said, ‘Roger, get this off the agenda; it’s interfering with the Voice message.’”

The WA government has denied this is the case, though. A federal government spokesperson told the ABC that they “had not approached the state government on issues related to Aboriginal cultural heritage.”

Other States Seeing Similar Issues with Indigenous Controls

Meanwhile, other states are also seeing problems arise around indigenous “preferential treatment.

Premier Daniel Andrews’ government’s deal with the Barengi Gadjin Land Council is creating media attention because of a settlement agreement that affects the local government areas in Victoria’s northwest, including Mildura, West Wimmera, Pyrenees, Northern Grampians, Horsham, Buloke, Ararat, and Yarriambiack.

This agreement gives “preferential” access to procurement contracts and jobs, the power to rename all roads, bridges, and public spaces, as well as to co-manage waterways and biosecurity.

West Wimmera mayor, Tim Meyer, told news.com.au, “The land council has to be consulted on everything, and you’ve got to pay for that consultation. We don’t know [how much it will cost]. They might say it’s 20 bucks an hour, they might say it’s 1,000 bucks an hour. We don’t know.”

Meanwhile, Liberal Senator and Shadow Attorney-General, Michaelia Cash has summed up the situation in a statement on her Facebook page.

“The chaos that was caused in Western Australia is an indication of what could happen if a Voice to Parliament is enshrined in our constitution. You can scrap a bad law—but you can’t change the constitution once you have altered it,” Senator Cash said.