Senate debates

Tuesday, 1 August 2023

Matters of Public Importance

Cultural Heritage Legislation

4:20 pm

Photo of Fatima PaymanFatima Payman (WA, Australian Labor Party) Share this | Hansard source

It's one year in, and I still cannot believe the misinformation that those opposite thrive on spreading. Aren't you tired of this constant fearmongering? Senator Brockman has raised this MPI to make a cheap political point, and it serves as proof that those opposite will do anything to tear down the Voice. This is not just my observation; it is also the observation of former WA Indigenous affairs minister Ben Wyatt. He told ABC Radio Perth: 'I think that some people are using this as perhaps a tool to try and oppose the Voice.'

Implementing effective cultural heritage laws is an important issue and shouldn't be used to drive a wedge between our farmers and Aboriginal and Torres Strait Islander people. We know too well the consequences of not having comprehensive cultural heritage laws in place. In 2020, a 46,000 year old sacred Aboriginal site, Juukan Gorge, was destroyed by a mining company—a tragedy but, sadly, a legal one. The Australian people, quite rightly, were appalled, and several senior executives at the mining company lost their jobs. This is a serious issue, and I'm glad that the WA and federal Labor governments are taking action.

What would those opposite have us do? Nothing. They want us to abandon all cultural heritage protections and continue to allow the destruction of sacred sites. But, wait: let's hit the pause button on this drama for a moment. Can we not have both progress and preservation? Surely there is a way to navigate this intricate dance between cultural heritage and economic prosperity without tripping over our own toes. But this is no surprise from the 'no-alition', because whenever they hear any decent idea they say no. Instead, they try to pit one group against another for political gain.

The government's commitment is about updating our existing national laws to make sure a tragedy like Juukan Gorge never happens again. Juukan Gorge was not just a mine site or a simple archaeological dig; it was a portal to the past, a living, breathing testament to the stories and traditions that shaped the culture of Aboriginal and Torres Strait Islander people and, by extension, contributed to the fabric of our society and our identity as Australians. Our goal is to have laws that better protect First Nations heritage while giving businesses, farmers and others more certainty. We can do both. Senator Brockman has obviously forgotten that both major parties agreed to protect First Nations heritage and update our national laws, because the then minister and now Deputy Leader of the Opposition said: 'This is about government working with Indigenous Australians and recognising their right to determine what is important to them.' What do they think the Voice is about? It is also important to note that the work on updated national laws was started by the previous Liberal government and has been continued by this government—an inconvenient truth for Senator Brockman, I'm sure.

What's changed since Juukan Gorge? Shameful political opportunism from those opposite. This government is above that, and I'm sure you've picked that up. We are working with First Nations groups to consider updates to the existing national laws. This process is still in its early stages. We will also be consulting closely with business, farmers, environment groups and many others as we go. We won't be rushed, we won't cut corners and we won't be distracted by the 'no-alition's' political opportunism. I also want to make it clear there will not be a Commonwealth takeover of state laws, and nor will we be adopting or duplicating existing state and territory regimes. This is about updating and modernising our existing national laws to make sure that a tragedy like Juukan Gorge doesn't happen ever again.

We are determined to strike a commonsense balance to ensure better protection of First Nations heritage as well as more sensible development and infrastructure planning. Let's be real: no cap. It is crucial to recognise that protecting cultural heritage and promoting economic growth are not mutually exclusive goals. In fact, respecting and preserving First Nations heritage can lead to sustainable and responsible development, fostering cultural tourism and promoting an inclusive society. While there are those on scare campaigns and petty politics, the adults will get the job done on our side.

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