Stated Purpose:
This bill seeks to recognise the importance of and to promote understanding and appreciation of Western Australia’s cultural heritage. The bill provides for the identification and documentation of places of heritage significance, as well as for the conservation, use, development and adaptation of such places. It will also repeal the Heritage of Western Australia Act 1990 (WA).
Native Title Implications:
The term ‘cultural heritage significance’ is defined in the draft bill to mean aesthetic, historic, scientific, social or spiritual value for Western Australians or groups within the State. However, the draft bill states in the objectives that it is not intended to apply to a place whose cultural heritage significance is solely derived from its connection with Aboriginal tradition or culture.
Under the draft bill the Heritage Council of Western Australia will continue to be the State’s expert body on matters concerning places of cultural heritage significance, except those places where cultural heritage significance is solely derived from its connection with Aboriginal tradition or culture. Nothing in the draft bill will affect the operation of the Aboriginal Heritage Act 1972.
Under the proposed provision s 120, a native title holder will be able to continue to exercise their native title rights and interests at a registered place or a place that is subject to a preservation order without committing an offence, on the condition that the exercise of those rights ‘does not detrimentally affect the cultural heritage significance’ of the site.
Relevant provisions:
s 9 Objectives
(1) The objectives of this Act are, with due regard for the rights of property ownership —
(a) to promote understanding and appreciation of Western Australia’s heritage; and
(b) to recognise the importance of places of cultural heritage significance and their stories in understanding the course of Western Australia’s history; and
(c) to provide for the identification and documentation of Western Australia’s places of cultural heritage significance; and
(d) to encourage and facilitate the conservation, continuing use, development and adaptive reuse of places of cultural heritage significance in ways that represent high standards of heritage conservation and are in harmony with cultural heritage values.
(2) This Act does not apply to a place —
(a) which comprises only the natural environment; or
(b) whose cultural heritage significance derives solely from its connection with Aboriginal tradition or culture, or to land comprised in such a place.
s 120 Exercise of native title rights not an offence
(1) In this section —
native title holder has the meaning given in the Native Title Act 1993 (Cth) section 224;
native title rights and interests has the meaning given in the Native Title Act 1993 (Cth) section 223.
(2) It is not an offence for a native title holder to exercise native title rights and interests at a registered place or a place that is subject to a preservation order so long as the exercise of those rights does not detrimentally affect the cultural heritage significance of the place.