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Understanding the Cultural Heritage Act WA: A Comprehensive Guide for Property Owners
Are you buying or selling property in Western Australia? Have you wondered about the impact of cultural heritage on your plans and obligations? If so, you are not alone. The Cultural Heritage Act 2020 (CHA) is a significant piece of legislation that affects a wide range of stakeholders, from developers and builders to archaeologists and traditional owners. In this guide, we will explore the key features of the CHA and what they mean for property owners.
What is the CHA?
The CHA is a state law that aims to protect, manage, and celebrate the cultural heritage of Western Australia. It replaces the previous Aboriginal Heritage Act 1972 and extends its scope to include non-Aboriginal heritage as well. The CHA defines cultural heritage as any aspect of people’s past and present that has significance for the community, including natural, material, and intangible elements. Cultural heritage can be tangible, such as artefacts, buildings, or landscapes, or intangible, such as stories, traditions, or languages.
What are the obligations of property owners under the CHA?
If you own or occupy land that may have cultural heritage values, you have some responsibilities under the CHA. You must:
– Seek advice from the Department of Planning, Lands and Heritage (DPLH) before conducting any activity that may harm or disturb cultural heritage.
– Obtain a Section 18 consent from the DPLH if you plan to do an advanced activity that is likely to harm or disturb cultural heritage. An advanced activity is one that involves ground disturbance or excavation, such as drilling, clearing, or building.
– Comply with any conditions attached to your Section 18 consent, such as engaging a qualified archaeologist or notifying traditional owners of the works.
– Report any chance finds of cultural heritage to the DPLH as soon as possible. A chance find is an unplanned discovery of cultural heritage during any activity that does not require a Section 18 consent, such as landscaping, fencing, or digging.
– Protect any known or found cultural heritage on your land from harm or damage, including vandalism or theft.
– Inform any prospective buyers or lessees of the cultural heritage status of your land, as required by the CHA.
What are the penalties for non-compliance with the CHA?
If you fail to comply with the CHA, you may face penalties and fines. The severity of the penalty depends on the nature and extent of the offence, ranging from warnings and rectification notices to stop-work orders and prosecutions. You may also be liable for compensation or restoration costs if you cause harm or damage to cultural heritage.
What are the benefits of complying with the CHA?
Apart from avoiding penalties and legal risks, complying with the CHA can bring several benefits to property owners. Some of these include:
– Enhancing your reputation and social responsibility by showing respect for the cultural heritage of the region and its custodians.
– Contributing to the preservation and understanding of the diverse cultural heritage of Western Australia for future generations.
– Gaining knowledge and insights about the local history and environment from engaging with traditional owners, archaeologists, or heritage consultants.
– Adding value to your property by highlighting its unique cultural heritage features, such as heritage-listed buildings, sites of significance, or interpretive trails.
– Securing your interests and avoiding disputes by clarifying the cultural heritage status of your land and communicating it clearly to relevant parties.
What are the challenges of complying with the CHA?
While complying with the CHA is desirable and necessary, it can also pose some challenges for property owners. Some of these include:
– Delaying or complicating development plans if cultural heritage issues arise, such as the discovery of new sites or the objection of traditional owners or stakeholders.
– Increasing costs and paperwork associated with obtaining Section 18 consents, engaging archaeologists or heritage consultants, or complying with conditions attached to consents.
– Dealing with uncertainties and ambiguities in the CHA provisions, such as the definition of ‘harm’ or ‘disturbance’, or the criteria for assessing cultural heritage values.
– Navigating the cultural differences and expectations between property owners and traditional owners, such as the recognition of spiritual or intellectual property rights and the negotiation of joint management agreements.
Conclusion
The Cultural Heritage Act WA is a complex and important legislation that affects property owners in multiple ways. By understanding its key features and obligations, property owners can navigate the cultural heritage issues with confidence and responsibility. By embracing its benefits and challenges, property owners can contribute to the cultural richness and diversity of Western Australia and its communities.
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