ACH Act labeled a complete shemozzle

Following large numbers of people attending public consultation sessions on the new act, which is set to be introduced on July 1, The Nationals WA requested more time for those affected to understand the new legislation and what the changes will mean for them.

Speaking in Parliament yesterday, The Nationals WA MP for the Central Wheatbelt Mia Davies said communities were now dealing with a "complete shemozzle of a situation", and that a lack of clarity around the new legislation had created unnecessary angst, concern and division for Aboriginal and non-Aboriginal people alike.

While the Minister for Aboriginal Affairs Tony Buti said consultation on the act and the regulations had been a five-year process, Ms Davies said the minister would not be able to fulfil his commitment to make sure that people across WA understood their obligations before July 1.

"Surely, if the minister is committed to delivering on the intent of the legislation, he would do everything within his power to make sure that the people who are most likely to be the ones who can impact on Aboriginal cultural heritage are the ones who are educated," Ms Davies said.

With about 600 people attending a consultation session in Esperance on Monday and the size of the community consultation sessions having to be increased for a meeting in the Wheatbelt and a session scheduled in Geraldton already overscribed, Ms Davies said not only did people not understand the obligations under the new act, but that the government itself was not appropriately organised to rollout the new legislation.

"Through the budget estimates hearings process, we know that the government is not ready because there are no local Aboriginal cultural heritage services in place with only a bit more than two weeks until the legislation comes into effect," Ms Davies said.

"The IT system will not be live until 1 July; give me an example of any IT system that is introduced and works seamlessly from day one after being created from scratch."

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The Nationals WA deputy leader and MP for Roe Peter Rundle also criticised the government for the "ridiculously small time frame" provided to the Opposition to speak with people who would be affected by the new act.

"This legislation was introduced in the last week in December of Parliament in 2021 and they gave the Opposition two days' notice," Mr Rundle said.

"There were 259 pages, 353 clauses and we had no chance to talk to stakeholders.

"We asked as many questions as possible and then they guillotined debate with 70 clauses to go, rammed it through, advertised regulations at 4pm on a Thursday prior to Good Friday this year and, here we are, two and a half months later meant to bring it in."

Having attended the consultation session held in Esperance on Monday, Mr Rundle claimed Mr Buti had also provided information that was contradictory to the advice his department had provided on the act at the Esperance forum in relation to 'Tier 2' and 'Tier 3' activities.

With the legislation is set to affect everyone who has a block of land more than 1100 square metres, speaking in Parliament yesterday, Mr Buti said there was no need for property owners to obtain approvals for "like-for-like activities" on their land and if there is no Aboriginal cultural heritage on their land.

"A farmer who has been grazing and cropping their property year in, year out will be able to continue to do that," Mr Buti said.

"Like-for-like activities, which include most farming activities, will be exempt."

Premier Roger Cook said the new laws were not radical and needed to be put in place as "a matter of urgency".

"Farmers can continue to farm their land, mend their fences and graze their sheep or other livestock," Mr Cook said.

"The arguments made by the farming industry are noted, but they are not accurate.

"If anything, that is one of the industries that will be least affected by these new laws.

"This legislation was passed over 18 months ago; we are ready to go."