Report urges overhaul of WA’s Aboriginal heritage processes amid consultant warning
A major review of native title and cultural heritage approvals in Western Australia’s resources sector has forced more than two dozen recommendations after industry groups warned consultants were “ticket-clipping” as part of the process.
The province’s peak resources advocacy group believes the findings of the “Kelly report,” written by National Native Title Tribunal member Glen Kelly, show the current system is not working and advisors have become the “primary beneficiaries” of the process.
The report, distributed on Tuesday, makes 25 recommendations, including an inter-agency review of Aboriginal consultation measures to reduce duplication and ensure consistency.
Following the report’s publication, the WA government announced a new Aboriginal cultural heritage standard for discovery and research to provide greater certainty around costs, requirements and protections.
Aaron Morey, chief executive of the Minerals and Energy Chamber WA, said unclear and duplicative heritage requirements and skyrocketing consultation and research costs were emerging as significant barriers to resource development in the state.
“CME believes strongly that Traditional Owners should play a central and active role in the management of cultural heritage, but it has been clear for some time that the current system does not work for anyone,” he said.
“Mining companies are currently grappling with nearly two dozen overlapping policies and regulations related to First Nations consultation spanning three levels of government.
“This has placed an enormous burden on supporters and Traditional Owners alike, leading to blowouts in approval timeframes, consultation fatigue and confusion about responsibilities and requirements.
“This allowed advisors to become primary beneficiaries of the system with zero improvement in legacy outcomes.”
The Association of Mining and Exploration Companies echoed Morey’s comments.
AMEC chief executive Warren Pearce said protecting Aboriginal cultural heritage was “non-negotiable”.
“But the current system has become too costly, too slow and too uncertain,” he said.
“Much of the current system is being hijacked by consultants interrupting the problem rather than directly benefiting Traditional Owners and communities.
“Consultants have an important role, but they should not be the biggest beneficiaries of the cultural heritage system.”
An ACIL Allen study commissioned by AMEC found that around $60 of every $100 the industry spends complying with cultural heritage legislation goes to external consultants such as lawyers, anthropologists and archaeologists.
“Approximately $36 flows to Aboriginal groups to cover representative body costs, and only $4 goes directly to Aboriginal people,” AMEC said in its statement.
Additionally, the survey found compliance took an average of 552 days, while Aboriginal cultural heritage research typically costs more than $23,000 per day.
“These figures show exactly why reform is needed. We cannot have a system where most of the costs of compliance are captured before they reach the people the system is supposed to support,” Pearce said.
WA opposition mines and oil spokesman Shane Love also believed WA’s native title and inheritance system was no longer working as intended.
“Western Australia is relying on research to discover the next generation of mining projects, but young explorers face rising costs, uncertainty and delays before the shovel is even in the ground,” he said.
“The report confirms that many of these problems arise from a lack of consistent standards and a lack of coordination between government.”
Mines and Petroleum Minister David Michael said the lack of effective minimum standards for heritage protection in exploration was a significant barrier to industry in the state and the government was committed to addressing industry concerns about costs and delays.
Aboriginal Affairs Minister Don Punch said the review made clear the state needed clearer guidance, stronger standards and better access to information.
“The Cook Labor Government has allocated significant funding in this area and we will continue to work in partnership with Traditional Owners organizations and industry to build on this investment, improve engagement and ensure cultural heritage is respected at all stages of project development,” he said.
