WESTERN AUSTRALIAN Premier Roger Cook says "the time is now" for the implementation of the Aboriginal Cultural Heritage (ACH) Act.
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Speaking in parliament yesterday, Mr Cook said the implementation of the ACH Act, which will replace the Aboriginal Heritage Act 1972 on July 1, "is not a day too soon".
Acknowledging the change had created questions from both concerned community and industry stakeholders, Mr Cook said community members would have "no obligations" under the new Act, providing their actions did not impact Aboriginal cultural heritage (ACH).
"Most land activities will fall into that category," Mr Cook said.
"Nearly all activities will fall into that category.
"There are a number of exempt activities, too."
While all residential properties under 1100 square metres are exempt under the new laws, Mr Cook reiterated there were also activities that would be exempt under the legislation for landowners of more than 1100sqm.
These include the maintenance of existing infrastructure where there is no new ground disturbance and 'like-for-like' activities, defined as any activities that are to the same extent, height and depth as occurred previously.
"Someone can still undertake paddock work and plant crops on established farms, continue with existing mining activities and maintain existing water, electricity and other service infrastructure on a property," Mr Cook said.
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In developing the new legislation Mr Cook said the government had listened to the industry's concerns that the current system took too long and, as a result, the Act now included statutory timeframes with which all involved parties must comply.
"Farmers, the mining industry and all land users have long had these obligations to protect Aboriginal cultural heritage and the new Act simply makes the framework clearer, with better defined activities," Mr Cook said.
"I want to stress that everything that land users are already doing will now be permitted under the new Act.
"The consultation will continue over the coming weeks and months in an educative, collaborative and partnered way to make sure that we can implement these laws smoothly."
