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ARELJ Recent Development- Transitioning Section 18 Aboriginal Heritage Act 1972 Consents Under the Aboriginal Cultural Heritage Act 2021 of Western Australia

Jim Bartlett
University of Western Australia

The legislative reform from the recently passed Aboriginal Cultural Heritage Act 2021 (WA) enables section 18 consents under the existing Aboriginal Heritage Act 1972 (WA) to continue for many years, and allows for a period where applications under the 1972 Act can continue to be made. With these consents being no stranger to controversy over the course of nearly 50 years, this note summarises the timeline for which section 18 applications can be made, how the new Act differentiates section 18 consents by the date of their application, and the differing lifespan and reporting requirements for these consents.

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