Aboriginal Cultural Heritage Act 2021.

This Act is about valuing and protecting Aboriginal cultural heritage and managing activities that may harm that heritage. Through its terms, this Act recognises the special interest Aboriginal people have in protecting, conserving, preserving and managing Aboriginal cultural heritage. The objects of this Act are as follows 1) to recognise the fundamental importance to Aboriginal people of Aboriginal cultural heritage and the central role of Aboriginal cultural heritage in Aboriginal communities past, present and future; and that Aboriginal people have custodianship over Aboriginal cultural heritage; and the value of Aboriginal cultural heritage to Aboriginal people and the wider Western Australian community; and the living, historical and traditional nature of Aboriginal cultural heritage; 2) to recognise, protect, conserve and preserve Aboriginal cultural heritage; 3) to manage activities that may harm Aboriginal cultural heritage in a manner that provides clarity, confidence and certainty; and balanced and beneficial outcomes for Aboriginal people and the wider Western Australian community; to promote an appreciation of Aboriginal cultural heritage. .
Part 2 establishes the Aboriginal Cultural Heritage Council and provides for functions and powers. Part 6 deals with managing activities that may harm Aboriginal cultural heritage. Part 13, Miscellaneous, among others provides for Regulations that may be made about protected areas, for certain type of activities. Part 14 — Repeals and transitional matter and Part 15 is Aboriginal Heritage Act 1972 amended. Several Parts of the Act have not come into operation yet. Details on their content can be found under Part 1 Division 2.
The Act recognizes several principles that must be observed relating to Aboriginal cultural heritage (section 9); and principles set out in section 10 relating to the management of activities that may harm Aboriginal cultural heritage. Principles relating to Aboriginal cultural heritage are: a) Aboriginal people should be recognised as having a living relationship with, and as being the primary custodians of, Aboriginal cultural heritage; b)Aboriginal people should, as far as practicable, be involved in the recognition, protection, conservation and preservation of Aboriginal cultural heritage; and the management of activities that may harm Aboriginal cultural heritage; c) Aboriginal ancestral remains should be in the possession, and under the custodianship and control, of Aboriginal people; and secret or sacred objects should be in the possession, and under the custodianship, ownership, and control, of Aboriginal people; and Aboriginal ancestral remains and secret or sacred objects that are not in the possession, and under the custodianship and control, of Aboriginal people should be returned to Aboriginal people. The principles relating to the management of activities that may harm Aboriginal cultural heritage (section 10) are as follows 1)it should be recognised that places, objects and landscapes have a range of different values for different individuals, groups or communities, and those values may change for an individual, group or community over time; and those values includes social, spiritual, historical, scientific, economic and aesthetic values; 2) the range of different values for places, objects and landscapes held by different individuals, groups or communities, at particular times and over time, should be recognised and respected; 3) places and objects exist within landscapes and should be considered in that context; 4) as far as practicable, in order to utilise land for the optimum benefit of the people of Western Australia, the values held by Aboriginal people in relation to Aboriginal cultural heritage should be prioritised when managing activities that may harm Aboriginal cultural heritage.