New fee system introduced in Western Australia to protect Aboriginal cultural heritage

With the Aboriginal Cultural Heritage Act 2021 coming into effect on 1st July 2023, the Western Australian Government has released a new fee system for land use proponents using the Aboriginal Cultural Heritage system.

The WA Government considers the completely new system for managing and protecting Aboriginal cultural heritage in Western Australia to be fairer and more consultative than what was developed more than 50 years ago.

With Aboriginal cultures being some of the oldest living cultures in the world the WA Government is prioritising consultation and agreement-making between land use proponents and Aboriginal people to minimise and avoid impact wherever possible.

The State Government will work with industry on the implementation of the new fee model looking at ways to incentivise the best possible outcomes consistent with the objects of the new Act. State Government departments and local governments will also be required to pay applicable fees.

WA Aboriginal Affairs Minister Dr Tony Buti advised "from the earliest discussions on reforms of the 1972 Act there has been strong feedback from Aboriginal people and industry that the current resources applied to the protection of Aboriginal cultural heritage are inadequate.

"Cost recovery is an essential component of the new system, with the majority of costs to be recovered relating to moderate to high-ground disturbance and where there is risk of impact or harm to Aboriginal cultural heritage.

"Where there is no risk of impact to Aboriginal cultural heritage, no approval is required and there is no fee payable. But where there is risk, we are putting the right mechanisms in place now to ensure that all parts of this new legislative framework are funded appropriately.

"Costs recovered will underpin the Government's commitment to increase resourcing and support Local Aboriginal Cultural Heritage Services operations, ensure adherence to Aboriginal Cultural Heritage Management Plans - including increased compliance and inspection powers - and enforce stronger penalties in the event of harm."

The Act requires proponents to submit a management plan to the Aboriginal Cultural Heritage Council for approval. These plans must detail the consultation undertaken, consent provided and the range of agreed measures to protect local Aboriginal cultural heritage.

A scalable fee model based on company size, global revenue and Australian Tax Office company definitions has been developed and applies an equitable fee to proponents.

Fees will start with a nominal $100 administrative fee for permits, similar to other government processes for issuing licences and permits. However, those fees alone will not cover the costs of administering the system.

A scale of fixed and variable fees will apply thereafter for government agencies or private organisations.

At the lowest scale, a fixed fee of $250 will apply for a company or organisation with less than $10 million in global revenue, up to a fee of $1.39 million for a company or organisation with a global revenue of $5 billion or more that enters an Aboriginal Cultural Heritage Management Plan over 20 years. Where there is no risk of impact to Aboriginal cultural heritage, no approval is required and there is no fee payable.

Fees will be payable upfront, upon lodgement of the management plan to the Council.

More information about the new laws and the processes that will be implemented from 1st July can be found online