Aboriginal Heritage (Miscellaneous) Amendment Bill

Final Stages

Consideration in committee of message No. 163 from the House of Assembly.

(Continued from 11 September 2024.)

The Hon. K.J. MAHER: I move:

That the House of Assembly's amendments be agreed to.

These amendments are predominantly administrative in nature, such as updating the names and definitions as referenced in other acts, particularly in other acts that have come into force since this bill was originally put into parliament some 12 months ago. There are amendments that expand the powers of inspectors in the act, as these powers were found lacking in recent investigations since the bill was originally put into parliament. The powers inserted by the amendments are modelled on the enforcement powers in the Environment Protection Act and the Landscape South Australia Act.

Importantly, these amendments do not diminish any of the heritage protection requirements as intended more broadly in this bill. However, these amendments insert a more streamlined process in the bill, particularly in relation to stopping works and reporting discoveries of Aboriginal heritage while working under an authorisation granted by the Aboriginal Heritage Act.

Those amendments require the proponent to stop work only for discoveries of Aboriginal sites or remains or for new information about Aboriginal heritage or sites. The details of the required timeframes and buffer zone works for stoppages and timing for reporting discoveries of Aboriginal sites and objects or remains to the minister are more flexibly determined in conditions attached to the authorisation or management methodologies negotiated with traditional owners and approved by the minister rather than set out prescriptively in the act.

The Hon. N.J. CENTOFANTI: I rise to indicate the opposition's support for the amendments to the Aboriginal Heritage (Miscellaneous) Amendment Bill 2023. Whilst we may sit across the chamber from the government, there are times when we must come together to ensure that important legislation such as this is passed in a form that best serves to protect Aboriginal heritage and the practical needs of those working under authorisations.

The amendments made to this bill reflect thoughtful and necessary adjustments to the Aboriginal Heritage Act. One of the key amendments is the introduction of section 20A, which addresses the process for reporting the discovery of Aboriginal heritage during authorised activities. The amendment allows for greater flexibility: objects can be catalogued and stored while works continue, subject to conditions imposed by the minister. This pragmatic and sensible solution recognises the reality on the ground.

We must acknowledge that an immediate halt to all work wherever heritage is discovered can be unnecessarily disruptive. The opposition supports a balanced framework that allows for heritage protection without undue delays. This amendment's flexibility ensures that we can protect significant cultural heritage while still allowing critical development projects to proceed responsibly.

The opposition also supports the amendments that expand the powers of the inspectors under clauses 7A and 7B. By aligning enforcement powers with those found in established legislation like the Environment Protection Act, these amendments equip inspectors with the tools they need to intervene swiftly where Aboriginal heritage is at risk.

This is about ensuring accountability. Stronger enforcement mechanisms mean we can better protect heritage sites from intentional or reckless damage. The inclusion of a process for inspectors to apply for warrants further strengthens this bill's capacity to safeguard cultural sites effectively.

Another important area of support is the clarity provided around the responsibilities of traditional owners. Amendment No. 4 makes it explicit that traditional owners working under an authorisation to develop land must report any discoveries of heritage. This ensures that traditional custodians remain key participants in protecting heritage even when involved in projects that might put cultural sites at risk. This is about maintaining cultural integrity while facilitating development without compromising Aboriginal heritage. This bill supports their role in heritage preservation by ensuring traditional owners are involved and empowered.

Whilst we on this side of the chamber may not always agree with the government's approach, in this instance, the amendments made to the Aboriginal Heritage (Miscellaneous) Amendment Bill 2023 strike the right balance. They provide the necessary flexibility for development while upholding our shared responsibility to protect Aboriginal heritage.

By supporting this bill, we show that heritage protection can coexist with sensible, responsible development. This is a balanced, thoughtful approach, and I believe it serves the best interests of both Aboriginal communities and those working under authorisations. The opposition supports these amendments.

Motion carried.