Evolving competency
in indigenous cultural
collaboration
JANE PEMBERTON
DIRECTOR, GOVERNMENT LIAISON AND APPROVALS
HERITAGE ADVICE AUSTRALIA
An evolving paradigm shift in the process
of Aboriginal heritage approvals process
is acknowledged by Jane Pemberton from
Heritage Advice Australia. Stakeholders
across the board have recognised the need to
improve this process for all parties concerned.
The emergence of specialist consultants to
industry on this major primary approval process
has resulted in measurable enriched outcomes,
and there is a tangible optimism that the
review of the Aboriginal Heritage Act in Western
Australia will further result in a recognised
improved way forward.
The resources industry is becoming ever more aware of the importance of the Aboriginal heritage approvals
process and with the introduction of companies that provide all inclusive heritage advice services, what was
once an involved process has become a lot simpler. Despite this progress however, there is still a long way to go
before Aboriginal heritage approvals are able to be completed with ease and in complete ‘good faith’, as they are
intended to be conducted.
Good faith’ suggests that negotiations are approached and carried out with full transparency between all
parties involved in order to foster mutually beneficial relationships, and that projects with moral or legal flaws
will either be guided towards an ethical path or turned down by heritage advice companies. Transparency
between all parties is essential, if honest and strong relationships are to be built between Aboriginal people and
proponents beyond the life of the mine. There are several key areas that require change in order to strengthen
the overall Aboriginal heritage approvals process. These include greater transparency within the approvals
system, together with a more streamlined and proactive approach being taken by government and the resolution
of outstanding native title claims across Western Australia. Many of the existing claims have been in the system
for more than a decade, which is a shameful statistic that no party can be proud of and one that does not
underline ‘good faith’ negotiations. Resolving these claims through mediation rather than litigation should be a
priority over the next year.
It is important to begin the approvals process
as early as possible into a project
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