YMAC FACT SHEET
What is happening with the new Aboriginal Cultural Heritage Act 2021? Despite extensive lobbying from Traditional Owners, the Aboriginal Cultural Heritage Act 2021 (WA) (ACHA) was passed and assented to on 22 December 2021. As of 1 July 2023, the ACHA has come into effect.
New Aboriginal Cultural Heritage Council (ACHC)
Many of the regulations and guidelines only started to be notified in April and May 2023, with several still in the process of being issued throughout June.
The new ACHC replaces the previous Aboriginal Cultural Material Committee (ACMC).
While there are many improvements on the Aboriginal Heritage Act 1972 (WA) in the ACHA, it still falls short of the requirements of the United Nations Declaration on the Rights of Indigenous Peoples, in particular the failure to require free, prior and informed consent of Traditional Owners before cultural heritage can be damaged. To read about YMAC’s advocacy work in relation to law reform, including the ACHA, visit our website.
Members of the ACHC are appointed by the Minister. The Chair/s must be Aboriginal, and there is a preference for a majority of the other members to be Aboriginal. Current members are: Irene Stainton, Mark Bin-Bakar, Merle Carter, Graham Castledine, Debbie Fletcher, Belinda Moharich, Kevin Walley, Ken Wyatt AM, Jonathon Griffin, Karen Oborn, and Denzyl Moncrieff. The ACHC appoints Local Aboriginal Cultural Heritage Services (LACHS) (see following section), decides on permit applications, reviews and mediates in relation to Aboriginal Cultural Heritage Management Plans (ACHMPs), makes recommendations to the Minister on ACHMPs, protected areas, etc. For more information about the ACHC, email achcouncil@dplh.wa.gov.au.