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Inaugural Aboriginal Cultural Heritage Council appointed   

The Minister for Aboriginal Affairs, Hon. Dr Tony Buti MLA announced on Wednesday 21 September the appointment of the inaugural members of the Aboriginal Cultural Heritage Council (ACHC). 

The inaugural members of the Council are: 

  • Co-chairperson Dr Mark Bin Bakar – an Aboriginal culture and heritage advocate, experienced board director and accomplished singer songwriter known for his success in the arts and media industries. 
  • Co-Chairperson Ms Irene Stainton – an Aboriginal cultural heritage practitioner with industry, government and consultancy experience and a current trustee for the WA Museum Boola Bardip. 
  • Ms Merle Carter – Chairperson of the Kimberley Aboriginal Law and Culture Centre, experienced Board member and Aboriginal corporation director. 
  • Mr Graham Castledine – a barrister, negotiator and mediator with significant experience in Aboriginal heritage, Native Title, environment and planning matters. 
  • Dr Debbie Fletcher – a former senior public servant with experience in Native Title matters, State agreements and land access. 
  • Ms Belinda Moharich – a lawyer with expertise in planning and environment law. 
  • Mr Kevin Walley – a qualified conservation land manager, with Aboriginal cultural heritage expertise and experience leading Aboriginal corporations. 

The Minister has indicated the Government intends to open a second round of nominations for the council early next year to fill several additional positions and has encouraged all stakeholders in the co-design process to consider putting forward a nomination.  

CME would encourage members to consider engaging with stakeholders to consider nominating for the ACHC ahead of the second round. CME will advise members when this process commences. 

The ACHC is established under the Aboriginal Cultural Heritage Act 2021 (WA) and will perform core duties critical to the effective operation of the new legislative regime. Key responsibilities of the ACHC will include providing advice to the Aboriginal Affairs Minister to inform decisions, designating local Aboriginal cultural heritage services, and approving permits and management plans. In the immediate term, the focus of the ACHC will be the review of key guidelines and draft regulations developed ahead of the third and final phase of the current co-design process.  

It will be important that the ACHC is supported by a well-resourced secretariat to ensure successful implementation, and the delivery of the necessary guidance and support for LACHS and stakeholders during the transition period commencing July 2023. 

CME congratulates the successful nominees and looks forward to continuing to participate actively in the development of supporting guidance and regulations for this important regime as we move towards Phase 3 of the co-design process. 

Targeted consultation commences on amendments to Land Administration Act 1997    

The Department of Planning Lands and Heritage (DPLH) has released draft amendments to the Land Administration Act 1997 (LAA), as well as the accompanying consequential amendments for targeted consultation with key stakeholders.  

These amendments will enable a new form of non-exclusive leasehold tenure, to be known as a diversification lease. The lease is intended to facilitate a more flexible leasehold tenure, including providing for multiple concurrent land uses. Of particular interest to the resources sector is the potential to use diversification leases to facilitate large scale renewable energy projects.  

 CME will be engaging with the Department to provide input and feedback as part of the targeted consultation and will facilitate a briefing for members ensure industry can provide informed input within the limited timeframe. 

DPLH released a Exposure Draft Policy Framework document earlier this year, seeking stakeholder feedback on the use of diversification leases. The Policy Framework is intended to guide the implementation by the Department of the Act amendments pending successful passage. A detailed summary of the proposed amendments to the LAA are available on the DPLH website.   

 CME made a submission on the Exposure Draft Policy Framework and has continued to engage with DPLH to discuss areas of concern in the lead up to the release of these draft amendments for consultation.  CME will continue to engage with DPLH and liaise with members to ensure feedback can be provided to DPLH to work towards a practical, workable regime for all stakeholders. 

Contact: David Peirce, Senior Adviser – Resource Development and Indigenous Affairs 
Email: d.peirce@cmewa.com 
Phone: 0447 547 506