Aboriginal Cultural Heritage Laws in Western Australia
This factsheet explains how Aboriginal people can use the Aboriginal Heritage Act 1972 to protect Aboriginal objects or sites from being harmed or destroyed.
Summary
Key takeaways
It is an offence to:
- excavate, destroy, damage, conceal or alter any Aboriginal site;
- alter, damage, remove, destroy, conceal or possess without permission any Aboriginal object.
However, a person has a defence if they can prove they did not know and could not reasonably be expected to have known the place or object was Aboriginal heritage.
A person is also allowed to harm Aboriginal heritage if they have one of the following approvals from the Minister for Aboriginal Affairs:
- Section 18 consent – authorises impacts and harm to Aboriginal sites
- Section 16 authorisation – authorises excavation of Aboriginal sites (generally for research)
- Regulation 7 approval – authorises bringing plant and equipment to an Aboriginal site
- Regulation 10 consent – authorises minor activities and impacts on Aboriginal sites
Key actions
If you are concerned that Aboriginal heritage is under threat, there are a number of actions available, including:
- Request that an Aboriginal object be declared as Aboriginal cultural material
- Request that an Aboriginal site be declared as a protected area
- Have your say on section 18 consent applications
- Apply to the State Administrative Tribunal to review a section 18 consent
- Apply to the Federal Government for a declaration under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984
