What it does
The Aboriginal Affairs Planning Authority Act 1972 (WA) (the Act) establishes a statutory framework for the economic, social, and cultural advancement of persons of Aboriginal descent in Western Australia. At its core, the Act creates four key entities: the Aboriginal Affairs Planning Authority (the Authority) (s.8), the Aboriginal Advisory Council (the Council) (s.18), the Aboriginal Affairs Co‑ordinating Committee (the Committee) (s.19), and the Aboriginal Lands Trust (the Trust) (s.20). These bodies operate under ministerial oversight (s.7), with the Minister required to have regard to their recommendations but not bound by them.
The Authority’s primary duty is to promote the well‑being of persons of Aboriginal descent and to take their expressed views into account (s.12). Its functions, set out in s.13(1), are broad: providing consultation mechanisms, recognising traditional culture, promoting community involvement, fostering Aboriginal enterprises, delivering consultative and planning services, supporting land management, and generally advancing economic, social, and cultural interests. The Authority must have regard to the Council’s views when exercising these functions (s.13(2)).
The Council, comprising persons of Aboriginal descent chosen by and from the Aboriginal community (s.18(2)), advises the Authority on matters affecting Aboriginal interests. The Committee, chaired by the CEO and including heads of key departments (Treasury, health, community services, education, and housing) (s.19(1)), coordinates service delivery across government. The Trust, a body corporate consisting entirely of persons of Aboriginal descent (s.21(1)), holds land, manages it in accordance with the wishes of Aboriginal inhabitants (s.23(c)), and undertakes development projects (s.23(d)–(e)).
Part III vests reserved lands in the Authority (s.27) and imposes a strict control regime. No interest, licence, or estate under other Acts may be granted over such land without the Authority’s prior consent, consultation, and express reference in the granting document (s.30(1)). Trespass is an offence unless the person falls within one of four exceptions (Aboriginal descent, parliamentarian, lawful duty, or regulatory authority) (s.31(1)), and prosecutions require CEO authority (s.31(2)). Customary tenure can be proclaimed (s.32), and the Authority (and delegated Trust) may grant leases (s.33A, inserted 2010 to remove doubt as to historical power).