26 Jun 2023

Aboriginal Cultural Heritage Act 2021

The Aboriginal Cultural Heritage Act 2021 is on track to commence from 1 July 2023.

Western Australia’s recently enacted Aboriginal Cultural Heritage Act 2021 marks a significant milestone in cultivating fairness in the relationship between Indigenous communities, industry, and the government.

This comprehensive legislation, which will take effect from July 1, 2023, modernises laws to protect Aboriginal cultural heritage and introduces practical exemptions for certain activities.

The Act aims to empower Aboriginal people to make decisions regarding their cultural heritage and foster collaboration for its preservation.

It recognises the vital role that Aboriginal culture plays in connecting past, present, and future generations and provides a framework for safeguarding this rich heritage.

It is essential for all stakeholders, including land users and industry, to familiarise themselves with the new system to ensure compliance and promote the preservation of Aboriginal cultural heritage for generations to come.

Who is not impacted?

  • – Residential properties under 1100sqm are exempt from the Act.
  • People undertaking like-for-like activities – such as farmers working on established paddocks in a way they have been previously, are exempt.
  • – Where there is no Aboriginal cultural heritage present, there is no requirement for approval.

If you require any further information, please visit the Department of Planning Lands and Heritage.

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