Aboriginal Heritage Act 1 - Ready or Not, The New Law is Here

Ready or not, the new law is here.

Despite uncertainty by various affected stakeholders across the board and a petition with over 17,000 signatures to delay the implementation of the new Aboriginal Cultural Heritage Act 2021 (ACHA), the WA Government has pushed the new laws into effect just a few days ago on 1 July 2023.

The ACHA is a significant legislative development that brings changes to the protection and management of Aboriginal cultural heritage. However, with penalties for individuals reaching up to $1,000,000 and 5 years imprisonment and corporations potentially facing $10,000,000 in penalties for breaching the ACHA, it is crucial for Agribusiness owners to be aware of said changes.

The new legal regime classifies activities into 4 different tiers, each with different requirements before the activities can occur. Depending on the tier, you may be required to seek authorisation if there is a risk of harm caused to Aboriginal Cultural Heritage (ACH). 

You would be conducting an “Exempt Activity“ if you were installing or maintaining water, electricity and other property infrastructure but only if your lot is less than 1100 square metres.

Activities such as removing of plant and equipment or more than 4kg of material is considered as Tier 1. You are required to have a due diligence assessment (DDA) conducted to determine the risk of any harm, as well as take all reasonable steps possible to avoid or minimise the risk of harm caused, to the ACH.

Tier 2 activities include, but are not limited to, removing more than 20 kg of material or excavating to a depth of more than 1 metre. Thinking of using non-handheld mechanical equipment for fauna and weed control? You will need a permit for that.

If you were thinking of establishing a new watering point, establishing a new tree plantation or even conducting agricultural activities in an area not previously subjected to agricultural activities, you would be conducting a Tier 3 activity and will require an approved or authorised ACH management plan before commencement.

Any DDA, as well as obtaining an approved ACH management plan, will involve paying and consulting with a Local Aboriginal Cultural Heritage Service (LACHS). However, due to the infancy of the new regime, a LACHS may still have not been established in your area. In such cases you will have to pay and consult with each of the native title parties in your area. 

If you need any further information, Brian Liau of Granich Partners can provide advice to you and your business to assist in mitigating any risk in breaching the ACHA.