Nearly 50 years ago, the Tonkin Labor Government introduced the Aboriginal Heritage Act 1972, designed to protect Aboriginal heritage sites and establish an approvals process for activities affecting them.

However, following the legally sanctioned destruction of Juukan Gorge, the Cook Labor Government attempted to introduce new protections.

Instead of providing clarity, these rushed changes triggered widespread public backlash.

Farmers and landholders feared being trapped by vague regulations, confusing obligations, and an approvals process that left them uncertain about what they could do on their own land.

The backlash was swift, and a petition opposing the changes gained nearly 30,000 signatures in just two weeks, highlighting the deep frustration and uncertainty across Western Australia.

In response, WA Labor was forced to repeal the reforms, reverting back to the 1972 Act.

But Labor didn’t stop there.

The Minister effectively weaponised the legislation against homeowners and landowners, turning it into a tool for punishment rather than protection.

Incredibly, in February 2024, WA landholder Tony Maddox was found guilty under the Act and forced to pay over $100,000 in legal fees and fines simply for rebuilding an access bridge on his own property after flood damage.

This is the result of Labor’s reckless mismanagement. Instead of finding a practical and balanced approach, Labor has eroded trust between the government, Aboriginal communities, and landowners.

The WA Liberal Party understands the complexity of this issue, and unlike Labor’s ideological approach, we are committed to preserving Aboriginal culture and heritage while ensuring economic progress.

Western Australians deserve common-sense laws where landowners can undertake minor works on their own property without fear of retribution.

Only a WA Liberal Government will deliver it.

The WA Liberals believe in the importance of fair and reasonable protections for landowners, ensuring they are not unfairly penalised.

These laws should focus on the most significant matters in need of protection, such as what occurred at Juukan Gorge, and not be used to prosecute families and small businesses for upgrades and changes to their properties.

Labor’s current approach to Aboriginal cultural heritage is deeply concerning for WA landowners and urgently requires a balanced, well-considered reform.

A WA Liberal Government will commit to a six-month review of the Aboriginal Heritage Act to find the right balance between preserving heritage, protecting landowners’ rights, and ensuring the future of our economy.

We will engage with farmers, landowners, Aboriginal people, and the community as a whole to amend the Act and its regulations to create more certainty.

This review will allow us to clarify legal processes and obligations and create a sensible fee system so that businesses and landowners understand their obligations and can easily follow any requirements.  

Mining operations – which have a greater onus on consultation for heritage conservation – have been facing uncertainty around investment, without clarity for types of heritage and expectations within the Act versus Ministerial discretion.

By creating clear, predictable, and sensible laws, the Liberal Party’s reforms will support economic growth while respecting true and discernible Aboriginal heritage.

Western Australians deserve a government that will provide certainty for landholders and businesses and take a commonsense approach to preserving culture and heritage in our state.

Only the WA Liberal Party is committed to creating a cultural heritage system that properly engages with landowner rights and community interests.