Aboriginal Cultural Heritage Act: Grain farmers in plea for exemptions from Indigenous heritage laws

Grain farmers have claimed WA’s new heritage laws risk “the demise of regional communities and industries” while pleading for land that has “already been disturbed, developed or cultivated” to be exempt from the Act. WA Grains Group Inc — which represents the State’s cereal growers — also wants the State Government to foot the bill for Aboriginal cultural heritage surveys and to commission a “Statewide survey of freehold land . . . as a matter of urgency”. The requests are laid out in a letter sent by the group to Premier Roger Cook and Aboriginal Affairs Minister Tony Buti this week. The correspondence points out the refreshed Aboriginal Cultural Heritage Act — which came into effect on July 1 — comes at the same time as moves to ban live sheep exports, ramp up restrictions on firearms ownership and in the midst of a cost-of-living crisis. Combined, WAGG fears the changes “have the capacity to destroy our otherwise resilient industries”. “The combined weight of these proposed requirements is severely impacting the mental health of a sector that has already been identified as vulnerable,” the letter says. It calls for the exemption that applies to residential property smaller than 1100sqm to extend to all freehold land — a change that would substantially reduce the reach of the Act. Other suggestions include exempting land that has already been disturbed, making the Government “liable for the cost of surveys, management and associated imposts” and to prioritise surveying all freehold land across the entire State to establish a definitive register of Indigenous heritage. WAGG president Alastair Falconer described the Act as it was currently written as “grey” and “open to all sorts of interpretation”. He said farmers felt the only way they could ensure they were not inadvertently breaching the laws was by commissioning a survey for Aboriginal cultural heritage over their entire property – which carried a potentially massive cost. Mr Falconer added there were also question marks over whether anyone would be interested in purchasing a farm that did not have a completed survey. “If someone is buying a farm they are going to want to know what is on there, so who is paying for that survey?” He said. While big resources companies could absorb any costs associated with compliance, Mr Falconer said family farms ran on much tighter margins and risked being pushed over the edge. The WA Government has consistently maintained the agriculture sector is the least impacted by the new heritage laws because of like-for-like exemptions that allow the replanting of crops or maintenance of existing infrastructure. However, where Aboriginal heritage is present, permits or management plans may be required for the erection of new buildings, dams or bores as well as cultivating of new land. Mr Falconer said farming practices “change all the time” and that farmers routinely added, removed and relocated buildings, bores, dams, fences and cropping fields. While not commenting on WAGG’s specific requests, Mr Buti said he welcomed “constructive and progressive suggestions” that could be discussed by an implementation group overseeing the rollout and “progressed through immediate changes and modifications to the regulations if required”. “I am also committed to reviewing the legislation in 12 months as part of this collaborative process. “Over a five year period we consulted extensively with Aboriginal people and industry to find a balance that allows Aboriginal people to speak for their country and provide a range of exemptions that didn’t exist under the prior legislation. “We continue to work with stakeholders to ensure the smooth implementation of these important laws.” Liberal Leader Libby Mettam said the WAGG letter was “yet another example of why these new laws are confusing, cumbersome and need to be scrapped”. ““To hear growers also say the impact of these laws, combined with other challenges they currently face, has the capacity to destroy their industry is alarming and I implore the Minister to stop the spin and actually listen to the concerns of those impacted,” she said.