Many Bottles for Many Flies: Managing Conflict over Indigenous Peoples’ Cultural Heritage in Western Australia

David Ritter

doi:10.5130/phrj.v13i0.265

Abstract

This article critically considers the legal regulation of Indigenous people's cultural heritage in Western Australia and its operation within the framework of Australia's federal system of government. The article also sets out the different ways in which Indigenous cultural heritage is conceptualised, including as a public good analogous to property of the crown, an incidental right arising from group native title and as the subject of private contract. The article explores the various notions of 'Indigenous cultural heritage' that exist under Western Australian public law and the significant role of private contractual arrangements. Particular attention is devoted to the uneasy nexus between the laws of native title and heritage in Western Australia.

Highlights

This article critically surveys the legal regulation of Indigenous people’s cultural heritage in Western Australia and its operation within the framework of a Australia’s federal system of government. It sets out the different ways in which Indigenous cultural heritage is conceptualised, including as a public good analagous to property of the crown, an incidental right arising from group native title and as the subject of private contract
CONFLICT OVER INDIGENOUS CULTURAL HERITAGE IN WESTERN AUSTRALIAN HISTORY While this article is an analysis of current law rather than a legal-historical analysis, it is important to appreciate that conflict over cultural heritage is not and has not been in the past, a dry matter of resiling different views about the use and disposition of land or waters.[2]
The system for dealing with cultural heritage in Western Australia remains marked by a common view that future Noonkanbah-like conflagrations should be avoided, because of the debilitating human cost to all parties occasioned by that dispute.[6]

Summary

Introduction

This article critically surveys the legal regulation of Indigenous people’s cultural heritage in Western Australia and its operation within the framework of a Australia’s federal system of government. Western Australia enacted its Aboriginal Heritage Act 1972 (WA) (AHA) in 1972 with the ostensible purpose of protecting places and objects of significance to Indigenous people, on behalf of the community.[16] The manner in which the AHA functions is set out below.[17]

Results

Conclusion