THE state government has addressed a letter from regional Liberal MPs - seeking assurance that Aboriginal Heritage legislation will not impact the essential tasks of primary producers and landholders on private property - by saying landholders "will continue to freely utilise their property within the confines of state law".
Eight Liberals, from both Upper and Lower Houses, co-signed a letter to Premier Peter Malinauskas this week saying the request was spurred by current events in WA.
Changes to WA's Aboriginal Heritage Act meant from July 1 landholders on more than 1100 square metres would require a permit from a Local Aboriginal Cultural Service before undertaking any activity that would disturb more than 50 centimetres of soil.
The landholder would be required to pay an Aboriginal consultant up to $160 an hour to secure the permits required.
The changes are still being vigorously debated and reviewed, but they have caused a rift between the WA government and its agriculture and mining sectors.
One of the signatories of the letter to Mr Malinauskas, Opposition spokesperson for primary industries and regional SA Nicola Centofanti, said the eight regional Liberals wanted Labor's assurance they would not change legislation to impose similar regulations and laws.
"On behalf of our communities, we have serious concern about any potential legislation or regulation which would impinge on the capacity for landholders and regional businesses to carry out essential tasks on their properties which require such levels of potential land disturbance," Dr Centofanti said.
"We understand that such changes are being proposed in line with a national movement to strengthen Aboriginal heritage protection.
"Whilst we are committed to the preservation of precious Aboriginal heritage, we believe introduction of such legislation would have far-reaching impacts and cost on our mining and primary industries sectors.
"We must be sensible with any law changes in this area and strive for a fair balance where primary producers and regional land holders have flexibility in their capacity to do work, but also protect Aboriginal heritage."
The eight Liberals - Dr Centofanti, Ben Hood, Adrian Pederick, Tim Whetstone, Ashton Hurn, Penny Pratt, David Basham and Sam Telfer - want "peace of mind" for primary producers and regional landholders.
The Premier is on leave until July 26, but a state government spokesperson said unlike WA, there would be "no blanket requirement for permits on large parcels of land".
"Landholders will continue to freely utilise their property within the confines of state law," they said.
"As they always have, landholders, developers and other project proponents will be required to stop works and notify authorities of any Aboriginal heritage discovered before proceeding with further work."
The spokesperson said impending changes to the state's Aboriginal Heritage Act 1988 were delivering on its election commitment to increase penalties for breaches of Aboriginal heritage law.
"The Bill currently before Parliament increases penalties for damaging, destroying or interfering with Aboriginal heritage," the spokesperson said.
"It also provides certainty for landholders and project proponents, by clarifying the procedures to follow when new discoveries of Aboriginal artefacts or remains are made.
"These reforms will help SA to avoid such tragedies as that which occurred in 2020 at Juukan Gorge, WA."
In that incident, two 46,000-year-old rock shelters were destroyed by mining giant Rio Tinto.
"Aboriginal South Australians represent the oldest continuing culture on this planet," the spokesperson said.
"The Malinauskas Government is proud of our commitment to protecting priceless Aboriginal heritage."
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