Cultural heritage protection and management

Heritage plays a vital role in preserving cultural identity, historical narratives, and community values. In the context of land use heritage encompasses not only built heritage but also the intangible connections people have with their cultural landscapes, including practices, stories, and languages.

As one of the sectors that most frequently engages with Aboriginal heritage legislation, understanding the processes of protection and methods to build relationships enable Local Government to effectively grow their communities while being respectful and inclusive of the areas Aboriginal history

Importance of cultural heritage

Aboriginal culture is the oldest living culture in the world, requiring recognition, protection, preservation, and management. Aboriginal heritage holds significant value to Aboriginal people for their social, spiritual, historical, scientific, or aesthetic importance within Aboriginal traditions, and provides an essential link for Aboriginal people to their past, present and future. Aboriginal heritage can include rock art, ancient caves or burial sites, waterways, storylines, ceremonial sites or scar trees.

Heritage is a reflection of a community’s identity and values. Heritage conservation and protection can fosters community pride and cohesion and contribute to a sense of belonging and continuity for current and future generations. Preserving heritage can enhance local economies through tourism, cultural industries, and community engagement.

Aboriginal culture and heritage legislation

In Western Australia the Aboriginal Heritage Act 1972 protects and manages Aboriginal heritage by requiring approval for activities that may impact or harm Aboriginal heritage.

Landowners are required to check for Aboriginal heritage before undertaking any activities that could risk harm to Aboriginal heritage. If there may be an impact to Aboriginal heritage an approval from State Government may be required. The Department of Planning, Lands and Heritage website provides information on the legislation, and approval requirements and processes and regional Heritage teams.

The Aboriginal Cultural Heritage Committee was established under the Aboriginal Heritage Act 1972 to undertake a range of functions, including providing recommendations in relation to approvals sought under the Act

State Government Standard Heritage Agreements

Standard Heritage Agreements provide standardised processes for working with Aboriginal parties on heritage matters in areas where native title has been determined. Heritage Agreements typically form part of a suite of native title agreements and can provide:

an efficient approach to Aboriginal heritage surveys
a mechanism for early engagement with the Prescribed Body Corporation (PBC) or Traditional Owner Organisation as recognised under an ILUA (ILUA Organisation) on matters relating to land use activities
a clear, timetabled framework about the various obligations of the Proponent (land user) and the PBC or ILUA Organisation
streamlined heritage approvals in compliance with the Aboriginal Heritage Act 1972

The West Australian Government has entered into a number of Standard Heritage Agreements including: The Esperance Nyungar Agreement, The Noongar Standard Heritage Agreement and the Yamatji Nation Agreement.

The Department of Planning, Lands and Heritage can provide heritage agreement templates for some areas to support Local Governments seeking to enter into Heritage Agreements with Prescribed Body Corporation (PBC) or Traditional Owner Organisation.

The Aboriginal Heritage Survey Program

The Aboriginal Heritage Survey Program in Western Australia is a 10-year initiative managed by the Department of Planning, Lands and Heritage. It aims to recognise, manage, protect, and preserve Aboriginal heritage across the state by conducting surveys in unsurveyed or high priority areas. The program provides funding and support for eligible applicants, including Local Governments, to undertake these surveys.

Key aspects of the program:

State-wide scope: The program covers all of Western Australia

10-year duration: It’s a long-term commitment to Aboriginal heritage management.

Funded by the State Government: the program is financially supported by the Western Australian Government.

Managed by the Department of Planning, Lands and Heritage: The program is administered by the relevant government department.

Focus on unsurveyed or high-priority areas: Surveys are targeted to areas where heritage is not well-documented or where it’s considered particularly vulnerable.

Supports Local Governments and other applicants: The program provides funding and resources for eligible entities to conduct surveys.

ACHknowledge Portal: The program can be accessed through the ACHknowledge Portal.

Consultation is key: Surveys are conducted in consultation with Aboriginal people and landowners to ensure cultural sensitivity and accuracy.

Benefits of surveying: Surveys help protect Aboriginal heritage, allow for better land-use planning, identify areas needing further investigation, and improve the accuracy of heritage registers, according to the Western Australian Government.

Case studies

Shire of York

A Traditional Mosaic Burning Programme comes to life on Ballardong Country.

Links and resources

Aboriginal Heritage Act in Western Australia

Aboriginal Heritage in Western Australia – DPLH

Aboriginal culture & heritage

South West Native Title Settlement

Yamatji Nation Indigenous Land Use Agreement

Esperance Native Title Agreement documents

Native Title Settlements and ILUAs

Grants to preserve and protect Aboriginal sites

WALGA

NextNative Title

Native Title and heritage

An overview of statutory obligations and strategic opportunities to work with Traditional Owners and the State Government to protect and manage Aboriginal cultural heritage and native title

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