HERITAGE LAWS
WHY PROTECT INDIGENOUS HERITAGE SITES?
A dance ground, a rock, a burial site – these are some of the places which can be important spiritually to Indigenous people and therefore have great heritage significance. This is because of the connection a place or object can have with Indigenous people’s Creation stories and laws.
Non-Indigenous people have not always understood the deep connection Indigenous people have with the environment and therefore have not shown the appropriate respect.
Since European settlement more than 200 years ago, many such sites have been damaged or destroyed, causing great sadness, spiritual distress and cultural damage to Indigenous people.
While it is true that the whole natural environment is significant to Indigenous people, some places have special significance. In some cases the significance is obvious because there are signs of Indigenous activity, such as rock art.
The Wagyl of the Swan River and its connection with the stories of Creation and the Wandjina rock paintings of the Kimberley, which control the region’s seasons, are two familiar examples of heritage sites.
The march of European progress in WA, such as mining, beachside resorts, roads and housing, have all had an impact on sensitive Indigenous sites.
THE LAWS
As awareness of Indigenous heritage has grown, so too has the government’s work to help support the protection and preservation of such sites.
In 2003, WA laws to protect heritage sites were updated, and in March 2004 financial penalties were increased significantly to reflect the importance of Indigenous heritage to Indigenous people and to the rest of Australian society.
The revised laws apply to individuals and corporations who damage Indigenous heritage sites and stipulate that:
Individuals
First offence - $20,000 and/or up to 9 months in jail.
Second/subsequent offence - $40,000 and/or up to 2 years in jail.
Continuing offence after conviction - $400/day.
Corporations
First offence - $50,000.
Second/subsequent offence - $100,000.
Continuing offence after conviction - $1,000/day.
HOW HERITAGE SITES ARE PROTECTED
The Department of Indigenous Affairs (DIA), through its Heritage and Culture Branch, administers WA’s Aboriginal Heritage Act 1972. (See www.dia.wa.gov.au Aboriginal Heritage Procedures Manual.)
The DIA does this by maintaining a Register of Aboriginal Sites, supporting the Aboriginal Cultural Material Committee (ACMC), advising on heritage matters and protecting and managing Indigenous heritage sites.
The Act was introduced to protect all Indigenous heritage, including places and objects, to recognise Indigenous people’s strong relationship to the land.
All development sites must be checked for Indigenous heritage significance as part of the development approvals process.
Under the Act, it is an offence for anyone to excavate, damage, destroy, conceal or in any way alter an Aboriginal site or object without the consent of the Minister for Indigenous Affairs.
The ACMC, which includes Indigenous people from around WA, advises the Minister on a site or object’s heritage significance, and assesses development applications based on information from a range of sources, including any interested Indigenous people.
Consent can be declined or be conditional – allowing some development while protecting parts of the site; it may require a study of the site before development; or require modifications to the development plans.
