TOODYAY social media went into overdrive after last month’s Herald front-page story about a State Government prosecution for an alleged breach of the Aboriginal Heritage Act (1972).
Negative comments about Aboriginal heritage law and its cultural background were amplified.
Surely an alleged breach of a State law could have been a key discussion point?
Unfortunately not.
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Some comments bordered on offensive, there was scaremongering about the proposed Voice to Parliament, and others mocked the spiritual significance to Aboriginal people of the Wagyl – the mythical Dreamtime serpent that is said to have formed the Avon River.
Those commenting would no doubt be aware that all cultures and religions – including Christianity – have a spiritual and mythological ‘supreme being’.
All have historical sites and sacred stories handed down through countless generations.
As for State laws, those professionally dealing in property would be in an informed position – more than most – to check regulations as a matter of course.
In regard to waterways, any unplanned development can restrict the natural flow of the river and have environmental impact.
It’s not just a heritage matter.
In my view, heritage laws – be they for Aboriginal people or early settlers – and environment (for bushland and waterways) should always be considered as a matter of course in any proposed development.
During my time working in WA’s North-West, Aboriginal heritage law was understood and acted upon for developments associated with mining, pastoral, land and main roads.
Section 17 of the Aboriginal Heritage Act states that it is an offence to excavate, destroy, damage, conceal or alter an Aboriginal site.
To help people understand their legal obligations, the State Government published Aboriginal Heritage Due Diligence Guidelines.
The guidelines are particularly helpful when considering the potential impact to Aboriginal heritage and the nature and level of that impact, and is available at www.wa.gov.au.
Helen Shanks
former WA State Government Director Pilbara (Aboriginal Affairs),
Noongar Kaartdijin Aboriginal Corporation (Toodyay) volunteer member