Aboriginal Heritage Act

The Hon. T.J. STEPHENS (15:25): I seek leave to make a brief explanation before asking the Minister for Aboriginal Affairs and Reconciliation questions about the review of the Aboriginal Heritage Act 1988.

Leave granted.

The Hon. T.J. STEPHENS: Back in 2008 the now Premier announced the review of the Aboriginal Heritage Act 1988 to address the anachronisms related to native title and land management. The government undertook an extensive public consultation process, which was completed by the end of April 2009. It is my understanding that very recently the minister had an amendment bill drafted and it is ready to be introduced into this place. My questions to the minister are:

1. Why has this legislation not yet been introduced?

2. Why has it taken the government five years to have legislation drafted addressing the recommendations of the report?

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Aboriginal Affairs and Reconciliation) (14:25): I thank the honourable member for his most important question. I would also like to commend him for his ongoing advocacy in the area of Aboriginal affairs. He is an inspiring example to the Liberal front bench and I am surprised he is not there, but space is always made, the Hon. Mr Stephens—in fact, there is one there right now!

I am aware that a review of the Aboriginal Heritage Act 1988 has been ongoing since 2008. A scoping paper was released and extensive public consultation was conducted in 2009-10. A staged consultation process commenced with the draft bill first tested with key Aboriginal representative bodies and peak industry, mining and legal organisations in targeted consultation sessions held in the latter part of 2013.

Numerous meetings, I am advised, were held and considerable feedback was received, including written submissions which continued to be received until earlier this year. I understand the proposed reforms were received with a great deal of interest from many parties. While many of the key concepts in the draft bill were welcomed as positive developments and making life easier for what were usually antagonists but hopefully will now be protagonists, the responses of the key stakeholders to the detail of the proposed scheme have been varied and quite complicated.

As a result, I am considering the implications and options very carefully. I need to take further advice on the next steps, which involve some real consultation with stakeholders. I can inform the chamber that the bill will not be proceeding to parliament without first going through this broader consultation phase. Relevantly, the state government has also committed to introduce new legislation that will assist Aboriginal communities to take greater control over their future.

It is our intention that all Aboriginal communities will benefit from this ground-breaking legislation to be developed over the next 12 months. It is legislation that will be developed in the spirit of both recognition and reconciliation and will set the benchmark for a new relationship between government and Aboriginal communities in South Australia. The new legislation will recognise the self-determining governance structures of Aboriginal communities and their unique cultural identity. It will also set out guiding principles for consultation and cooperation between the state government and Aboriginal communities.

It will be the first of its kind in Australia and demonstrates the state government's genuine desire to support Aboriginal cultural authority. I anticipate that, as part of that process, there will be opportunities for Aboriginal communities to self-assess how they interact with legislation such as the Aboriginal Heritage Act 1988 or the Aboriginal Lands Trust Act 2013. In bringing that legislation forward I need to work out how that will interact with the draft Aboriginal Heritage Act and do further stakeholder consultation about that process, as well.