WA Premier Roger Cook says 'sorry' as he dumps Aboriginal cultural heritage law

The Western Australian government, announcing it is backing down on its controversial law to protect Aboriginal cultural heritage, has apologised to the people of the state for getting it “wrong”.

Premier Roger Cook on Tuesday confirmed the retreat, saying the government would now restore the state’s 1972 law, with amendments.

All the additional obligations which the new legislation put on landowners will now go.

The new law, passed with bipartisan support in 2021 in the wake of Rio Tinto’s destruction of 46,000 years old rock shelters at Juukan Gorge in 2020, has only been operating several weeks. It has attracted extensive criticism from property owners, farmers and the resource sector.

Opposition leader Peter Dutton immediately drew a contrast with the Voice.

He told the Coalition parties meeting the WA law was well intended but had unintended consequences. “The good news though is that because it was legislation it can be remedied and the harm can be undone. But that’s not the case with The Voice.

"The changes to the Constitution proposed by the Albanese government would be permanent. Unintended consequences would also be permanent. Any notion that a future government could attempt to go back to the Australian public and ask to wind it back are fanciful,” Dutton said.

In his mea culpa Cook, who has been premier only two months, said: “The Juukan Gorge tragedy was a global embarrassment, but our response was wrong. We took it too far, unintentionally causing stress, confusion and division in the community.”

“We got the balance wrong, what we did hasn’t worked – it’s vital we manage cultural heritage in a common sense manner, so we can move forward together as a community,” he said.

“The complicated regulations, the burden on landowners and the poor rollout of the new laws have been unworkable for all members of our community – and for that I am sorry.”

He said the amendments to be made to the revived 1972 law would prevent “another Juukan Gorge”.

Cook rejected suggestion he had been under pressure from the federal government to drop the new law in order to remove a referendum impediment.

Indigenous representatives have expressed dismay at the WA government action. But some in the “yes” campaign for the Voice believe it is helpful for their case.

Michelle Grattan does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.