New Aboriginal cultural heritage laws are set to come into effect in Western Australia despite backlash from farmers and confusion within industry and government.
The long-awaited reforms will be enacted on Saturday, with Roger Cook's Labor government resisting calls from pastoralists and the opposition to delay their introduction.
A "light touch" approach will instead be taken in the first 12 months to ensure stakeholders understand their obligations.
WA's existing laws date back to the 1970s and notably allow the Aboriginal affairs minister to grant land users permission to disturb cultural heritage sites.
Rio Tinto had ministerial approval in 2020 when it blew up the 46,000-year-old Juukan Gorge rock shelters, sparking global condemnation and devastating traditional owners.
The new regime abolishes the Section 18 approvals process and places a strong emphasis on agreements between land users and traditional owners.
But there are deep concerns about the compliance requirements, some of which have only been made clear days before the laws come into effect through published regulations.
New local Aboriginal cultural heritage services (LACHS), which are intended to manage sites within particular regions, are yet to be established.
WA's Department of Planning, Lands and Heritage confirmed it was finalising an application from the Yindjibarndi Aboriginal Corporation, whose land in the Pilbara includes major mining operations.
"We are working with more than 25 Aboriginal organisations to support their readiness and designation as a LACHS," a spokesperson said.
State government workshops regarding the new legislation have been packed with land owners fearing their activities will be impacted, although farmers undertaking established "like-for-like" activities will be exempt.
Government agencies have also expressed confusion about their requirements under the legislation.
Mr Cook said authorities would initially take an "educative" approach.
"I think there's a certain amount of alarm and concern in regards to these laws but they do what they've always done, which is protect Aboriginal cultural heritage," the premier told reporters.
The laws would impact farmers "about the least of any industry group", he added.
Former federal Indigenous affairs minister Ken Wyatt has been appointed co-chair of the Aboriginal Cultural Heritage Council which will advise the minister on the legislation and approve permits and management plans.
Opposition Leader Shane Love said the eleventh-hour appointment of an implementation group comprised of industry and community representatives was an admission of a "failed process".
"If the premier and his minister had listened to the community weeks ago when concerns were raised instead of burying their heads in the sand, everyone would have been better off," Mr Love said.
But the traditional owners of Juukan Gorge, the Puutu Kunti Kurrama and Pinikura people, said calls to delay the rollout were misplaced.
"The Act is not perfect but it gives greater scope and authority to Aboriginal people to identify, define and manage their heritage," PKKP Aboriginal Corporation's Jordan Ralph said.
"What is needed is for all of us to work together to effectively put the laws into practice."
