Review of the Aboriginal Heritage Act 1972 - Phase Two consultation

Closed 31 May 2019

Opened 7 Mar 2019


After thorough analysis of the feedback received from Phase 1 of the public consultation process, together with a review of the legislation in other relevant jurisdictions, a new system has been designed to protect Aboriginal Heritage in Western Australia. The proposed new system aims to be equitable, efficient and consistent with modern heritage management best practice.

Fundamentally, the new system:

  • Recognises and respects Aboriginal people as owners and primary managers of their heritage
  • Emphasises  agreement making based on respectful relationships between local Aboriginal people and land use proponents
  • Provides transparent approvals processes for land use proposals that are tiered according to the extent of the impact on Aboriginal heritage
  • Encourages avoidance of damage to Aboriginal heritage by providing the most streamlined processes to those land use proposals that can demonstrate little or no impact on heritage
  • Gives expert oversight of the system through a new Aboriginal Heritage Council that will set standards and ensure they are met and
  • Fosters respect for Aboriginal heritage through effective public awareness strategies and an updated enforcement regime.

The following summarises the key proposals and outcomes they are designed to achieve.  Please consider whether the proposal as outline in the Discussion Paper will achieve the outcomes.  If you think the proposal could be improved, please be clear how.  If you support the proposal, it is important to tell us that too.

Why We Are Consulting

The Minister is keen to hear from all stakeholders with an interest in Aboriginal heritage about their views on the proposals in the Discussion Paper that are summarised in the Consultation Paper and this survey.

If you do not agree with a proposal, it is important to explain why you think it won’t work and what you would propose instead.

All feedback will be used to prepare a Green Bill for the proposed new legislation, which will be advertised for comment.


  • All Areas


  • Anyone from any background


  • Aboriginal heritage