Just five weeks after its commencement, the Aboriginal Cultural Heritage Act 2021 (WA) (ACH Act) has been repealed, and will be replaced with an amended version of the Aboriginal Heritage Act 1972 (WA) (1972 Act) – the very legislation it was intended to overhaul. ...

The decision was the first of its kind in relation to the Native Title Protection Conditions (NTPCs), which are conditions that apply to many exploration permits in Queensland. The decision will have implications for explorers with exploration permits granted subject to the NTPCs, and provides guidance on what are reasonable recommendations a native title party can make regarding exploration activities undertaken pursuant to the conditions. ...

As part of the increasing focus on Environmental, Social and Governance (ESG) in Australia and overseas, there is a spotlight on the principle of 'free, prior and informed consent' (FPIC) in the context of Indigenous engagement and protection of cultural heritage. ...