Aboriginal Heritage Act 1972 facts for kids

The Aboriginal Heritage Act 1972 (AHA) was an important law in Western Australia. It helped protect special Aboriginal cultural sites. These are places like ancient caves or important meeting grounds. The AHA also protected Aboriginal objects. This law is now being replaced by a newer one, the Aboriginal Cultural Heritage Act 2021 (ACH Act).

The AHA made sure that all Aboriginal heritage sites in Western Australia were protected. This was true even if they weren't officially listed. If someone wanted to do something that might harm a site, they needed permission. This permission came from the Minister for Aboriginal Affairs in Western Australia. Some very important Aboriginal sites could even be declared Protected Areas.

What happened at Juukan Gorge?

In May 2020, a mining company called Rio Tinto blew up some ancient caves. These caves were in a place called Juukan Gorge. They were very old, about 46,000 years old. This action was allowed under a part of the AHA law called Section 18.

After this happened, many people were upset. The Western Australian Minister for Aboriginal Affairs, Ben Wyatt, started a review of the AHA law. A group of politicians looked into the event. Their report was called Never Again. It suggested stopping all actions under Section 18 of the AHA. It also recommended that the Western Australian Government change its heritage laws. The report also pointed out problems with the AHA.

How the new ACH Act is different

The Aboriginal Cultural Heritage Act 2021 (ACH Act) is slowly replacing the old AHA. There is a period of at least 12 months for this change to happen. During this time, new rules and ways of working are being created.

In February 2022, a special group was formed to help design these new rules. The new ACH Act changes how approvals are given. It removes the old Section 18 process. The new law gives traditional owners a stronger voice. They now have more power in decisions about their heritage sites.