Wagyl Kaip Southern Noongar Aboriginal Corporation disappointed but hopeful by cultural heritage law scrapping

The organisation that was in line to oversee the implementation of the 2021 Aboriginal Cultural Heritage Act in the Great Southern has reacted with mixed feelings to it being scrapped last week. A statement released by Wagyl Kaip Southern Noongar Aboriginal Corporation said the Bill had been rushed through against the wishes of a number of land councils “including those representing Noongar boodja”. The statement said there had been “insufficient consultation with traditional owners across the state” regarding the original legislation, but land councils had worked hard to prepare for its implementation. When confirming the ACH Act would be overturned last week, Premier Roger Cook said it “went too far” and that “simple and effective amendments” to the 1972 Aboriginal Heritage Act would be implemented instead. The decision was welcomed by many who had opposed the 2021 Act but drew criticism from other groups. WKSN is the native title party for a large swathe of the Great Southern in the South West native title settlement. It had been preparing an application to become the local Aboriginal cultural heritage service for much of the Great Southern under the 2021 Act. It would have seen the organisation play an active role in the management of the region’s cultural heritage by acting as a single point of contact between Aboriginal people and project proponents. WKSN chair Jeanice Krakouer said it was frustrating that so few cared when it was “just Aboriginal people who opposed the Bill, only to see the entire process scrapped two years later”. “The result is hours and years wasted because government didn’t listen and work with us to co-design effective legislation with broad public support,” she said. “We hope the State Government learns that using its huge majority to rush their Bills through without genuine listening and engagement helps no one.” The statement indicates that, despite some frustrations, the organisation was “cautiously optimistic” about how Aboriginal cultural heritage will be protected in the future. The statement said changes to Section 18 of the 1972 Act should go further as it “is weighted heavily against traditional owners” and “allowed Juukan Gorge’s destruction to happen legally”. Ms Krakouer said WSKN supported the State Government’s commitment to map cultural sites and wanted the Great Southern to be seen as a top priority. “The Wagyl Kaip and Southern Noongar region was the first to be settled by Europeans in Western Australia and there are large numbers of heritage sites across our boodja (land),” she said. “Mapping in this area should be a priority. “We take great heart from the new Premier’s commitment to lead a Government that listens, and look forward to an environment where all voices are heard, and all perspectives are considered.”