Australian state axes new law to protect Indigenous heritage

The resource-rich state brought in the Aboriginal Heritage Act after the Anglo-Australian mining giant admitted in 2020 that it had destroyed the site to expand an iron ore mine in Juukan Gorge, Western Australia.

The ancient shelter was one of the earliest known locations inhabited by Australia's Indigenous people, and it contained some of the oldest artefacts.

But Western Australia's premier, Roger Cook, said the new law had proven to be too complex and divisive since it came into force on July 1.

"The Juukan Gorge tragedy was a global embarrassment, but our response was wrong," Cook said.

"We took it too far, unintentionally causing stress, confusion and division in our community."

Two months after being sworn into the post following his predecessor's resignation, the centre-left Labor Party premier said it was "obvious" changes were needed.

"The complicated regulations, the burden on landowners and the poor rollout of the new laws have been unworkable for all members of our community – and for that, I am sorry," he said.

Instead, the state government said it was introducing legislation to revert to the previous law that had been in place for 50 years.

It will add some amendments, however, including an obligation on landowners to notify the government of any new information about an Aboriginal site.

Ordinary landowners will not be required to conduct their own heritage survey, the government said.

Instead, the state will survey uncharted "high priority" areas over the next decade and with the consent of landowners.

"We got the balance wrong, what we did hasn't worked. It's vital we manage cultural heritage in a common sense manner, so we can move forward together as a community," Cook said.