Aboriginal Heritage Act 1972

The Aboriginal Heritage Act 1972 (AHA) is a law in the state of Western Australia governing the protection of Aboriginal cultural sites. The Aboriginal Cultural Heritage Act 2021 (ACH Act ) was intended to replace the Act from 1 July 2023 but was revoked after only five weeks of operation.

The AHA protects all Aboriginal cultural heritage in Western Australia, whether or not heritage sites are registered or mapped by the Department of Planning, Lands, and Heritage. Under the Act the Minister for Aboriginal Affairs has the power to grant approval for any activity which would negatively impact Aboriginal heritage sites. Under the AHA, Aboriginal sites of outstanding importance can be declared Protected Areas. The AHA also provided protection for Aboriginal objects.

Juukan Gorge destruction
After the mining company Rio Tinto blew up the 46,000-year old caves in Juukan Gorge on 24 May 2020, which was legal under a Section 18 exemption of the Act, WA Aboriginal Affairs Minister Ben Wyatt started a review of the Act.

The interim report of a bipartisan parliamentary inquiry into the incident published on 9 December 2020, entitled Never Again, makes several recommendations, including a halt to all actions presently occurring under Section 18 of the AHA, and a moratorium on Section 18 applications. It also recommends that the Western Australian Government review and reform the current state heritage laws, and that the federal government review the Aboriginal and Torres Strait Islander Heritage Protection Act 1984. It also outlines deficiencies in the WA Act.

Transition to ACH Act
There was a transitional period of around 18 months before the Aboriginal Cultural Heritage Act 2021 came into force, while the various regulations and processes were developed. In February 2022 there was a reference group appointed to assist in the co-design process. The new law does away with the approval process determined by Section 18, and puts traditional owners into a more powerful position in the decision-making process.