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Aboriginal Heritage Act 1972
2021Act means the *Aboriginal Cultural Heritage Act 2021*;
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2021 Act means the *Aboriginal Cultural Heritage Act 2021*;
2023 amendment Act means the ***Aboriginal Heritage Legislation Amendment and Repeal Act 2023***;
ACH Council means the body referred to in section 72(2)(a);
repeal day means the day on which section 3 of the 2023 amendment Act comes into operation;
transitional regulations has the meaning given in section 71(2).
[Section 69 inserted: No. 23 of 2023 s. 8; amended: No. 23 of 2023 s. 22.]
##### 70. Application of *Interpretation Act 1984*
The *Interpretation Act 1984* applies in relation to a repeal or amendment under the 2023 amendment Act subject to this Part and transitional regulations.
[Section 70 inserted: No. 23 of 2023 s. 8.]
##### 71. Transitional regulations
assent day means the day on which the 2023 amendment Act receives the Royal Assent;
publication day, for transitional regulations, means the day on which the transitional regulations are published in accordance with the *Interpretation Act 1984* section 41(1)(a);
specified means specified or described in transitional regulations;
transitional matter —
(a) means a matter or issue of a transitional nature that arises as a result of either or both of the following —
(i) the enactment of the 2023 amendment Act;
(ii) a repeal or amendment under the 2023 amendment Act;
and
(b) includes a saving or application matter or issue.
(2) Regulations (transitional regulations) may do either or both of the following —
(a) make any provision that is necessary or convenient for dealing with a transitional matter;
(b) make any provision that is necessary or convenient in consequence of, or for giving effect to, either or both of the following —
(i) the enactment of the 2023 amendment Act;
(ii) a repeal or amendment under the 2023 amendment Act.
(3) Without limiting subsection (2), transitional regulations may do any of the following —
(a) provide for any specified act or thing done or omitted to be done by, to or in respect of a specified person or body to be taken to have been done or omitted to be done by, to or in respect of another specified person or body;
(b) provide for any specified act or thing done or omitted to be done under the 2021 Act, or regulations made under the 2021 Act, to be taken to have been done or omitted to be done under this Act or another written law;
(c) provide for the substitution of a specified person or body for another specified person or body as a party to any proceedings;
(d) provide for proceedings and remedies that might have been commenced by, or available to or against, a specified person or body to be commenced by, or to be available to or against, another specified person or body;
(e) provide for the transfer of, or the creation of interests in, specified property, rights or liabilities;
(f) provide for the modification of specified agreements or other instruments;
(g) provide for a specified person or body to take possession of books, documents or other records, however compiled or stored, that are or were in the possession of another specified person or body;
(h) provide for officers of the Department to be able to exercise powers under the *Criminal Investigation Act 2006*;
(i) provide for the 2021 Act, or a specified provision of the 2021 Act, to continue to apply (with or without specified modifications) to, or in relation to, a specified matter or thing as if the 2021 Act had not been repealed;
(j) provide for regulations made under the 2021 Act, or a specified provision of regulations made under the 2021 Act, to continue to apply (with or without specified modifications) to, or in relation to, a specified matter or thing as if the regulations had not been repealed;
(k) deal with any incidental or supplementary matters or issues relating to a provision of this Part or transitional regulations, including by making provisions that do any of the following —
(i) require, or provide for, a specified person or body to enter into an agreement with, or execute an instrument in favour of, another specified person or body;
(ii) require, or provide for, a specified person or body to register or record a document or transaction in a specified register;
(iii) require, or provide for, a specified person or body otherwise to maintain, modify or make an entry in a specified register;
(iv) provide for enforcement by way of civil proceedings for an injunction, or for any other appropriate remedy or relief, in the Supreme Court or any other court.
(4) Transitional regulations may provide that specified provisions of this Act (including this Part but excluding this section) or another written law —
(a) do not apply to, or in relation to, a specified matter or thing; or
(b) apply with specified modifications to, or in relation to, a specified matter or thing.
(5) If transitional regulations provide that a specified state of affairs is taken to have existed, or not to have existed, on and after a day that is earlier than publication day but not earlier than assent day, the transitional regulations have effect according to their terms.
(6) If transitional regulations contain a provision referred to in subsection (5), the provision does not operate so as to —
(a) affect in a manner prejudicial to a person (other than the State or an authority of the State) the rights of that person existing before publication day; or
(b) impose liabilities on a person (other than the State or an authority of the State) in respect of an act done, or an omission made, before publication day.
[Section 71 inserted: No. 23 of 2023 s. 8.]
##### 72. Abolition of bodies and appointment of members of Committee
(1) At the beginning of repeal day, the Aboriginal Cultural Material Committee established under section 28, as in force before repeal day, is abolished (and its members go out of office).
(2) At the beginning of repeal day —
(a) the Aboriginal Cultural Heritage Council established under section 20(1) of the 2021 Act is abolished (and its members go out of office); and
(b) any committee established under section 30(1) of the 2021 Act is abolished (and its members go out of office).
(3) The person who, immediately before repeal day, is the member of the ACH Council under section 21(1)(a)(i) of the 2021 Act is taken to be appointed as the member of the Committee under section 29(1)(a)(i) at the beginning of repeal day.
(4) The person who, immediately before repeal day, is the member of the ACH Council under section 21(1)(a)(ii) of the 2021 Act is taken to be appointed as the member of the Committee under section 29(1)(a)(ii) at the beginning of repeal day.
(5) A person who, immediately before repeal day, is a member of the ACH Council under section 21(1)(b) of the 2021 Act is taken to be appointed as a member of the Committee under section 29(1)(b) at the beginning of repeal day.
(6) A person who is taken to be appointed as a member of the Committee under any of subsections (3) to (5) holds office —
(a) for a term equal to the unfinished part of the person’s term of office under the 2021 Act; and
(b) otherwise in accordance with the person’s instrument of appointment under the 2021 Act.
(7) A determination made under section 32 of the 2021 Act that is in effect immediately before repeal day continues in effect as if it had been made under section 31.
[Section 72 inserted: No. 23 of 2023 s. 23.]
##### 73. Protected area orders
historical protected area order means an order made under section 315(1) of the 2021 Act that, under section 316(1) of the 2021 Act, is in effect immediately before repeal day as if it were an order made under section 82(1) of the 2021 Act;
protected area order means —
(a) subject to subsection (8), an order made under section 82(1) of the 2021 Act that is in effect immediately before repeal day; or
(b) an historical protected area order;
spent protected area order —
(a) means an order that, under section 316(1) of the 2021 Act, is in effect immediately before repeal day as if it were an order made under section 82(1) of the 2021 Act; but
(b) does not include an historical protected area order.
(2) On and after repeal day —
(a) a protected area order continues in effect as if it were an order made under section 19(4); and
(b) the area declared by the protected area order as a protected area is, accordingly, a protected area for the purposes of this Act; and
(c) the protected area order may be varied or revoked under section 25 accordingly.
(3) Subsection (2) applies even if the area declared by the protected area order as a protected area, or any area included in that protected area —
(a) could not be declared to be a protected area under section 19(4); or
(b) could not be included in an area declared to be a protected area under section 19(4).
(4) If any conditions were stated in the protected area order under section 82(3)(d) or 315(5)(d) of the 2021 Act, the conditions cease to have effect at the beginning of repeal day.
(5) Section 21 does not apply in relation to an area that is a protected area by virtue of subsection (2).
(6) For the purposes of section 22(1), the exclusive right to the occupation and use of a place that is a protected area by virtue of subsection (2) vests in the Minister on behalf of the Crown at the beginning of repeal day.
(7) No person is entitled to be paid compensation under section 22(2) in relation to an area that is a protected area by virtue of subsection (2).
(8) Paragraph (a) of the definition of ***protected area order*** in subsection (1) does not include an order that, under section 316(1) of the 2021 Act, is in effect immediately before repeal day as if it were an order made under section 82(1) of the 2021 Act.
(9) All spent protected area orders are repealed.
[Section 73 inserted: No. 23 of 2023 s. 23.]
##### 74. Previous consents under s. 18
(1) A consent that was in force and effect under section 18 immediately before 1 July 2023 is, on and after repeal day, in force and effect under, and subject to, section 18.
(2) A consent that was given under section 18 on or after 1 July 2023 but before repeal day is, on and after repeal day, in force and effect under, and subject to, section 18.
(3) Neither subsection (1) nor subsection (2) applies to the following —
(a) a consent that, before repeal day, expires in accordance with its terms;
(b) an historical AH Act section 18 consent that a person was taken to hold under section 328(1) of the 2021 Act;
(c) a purported section 18 consent (as was defined in section 330(2) of the 2021 Act).
(4) For the purposes of section 18(5), the effect of subsection (1) or (2) is not to be regarded as a decision of the Minister.
(5) A consent to which subsection (1) or (2) applies is subject to the condition in section 18(6)(a) or (b) depending on the day on which the notice under section 18(2) to which the consent relates was given to the Committee referred to in section 72(1).
[Section 74 inserted: No. 23 of 2023 s. 23.]
##### 75. Previous other authorisations, approvals and consents
(1) An authorisation that was in force and effect under section 16(2) immediately before 1 July 2023 is, on and after repeal day, in force and effect under, and subject to, section 16(2).
(2) An authorisation that was given under section 16(2) on or after 1 July 2023 but before repeal day is, on and after repeal day, in force and effect under, and subject to, section 16(2).
(3) An approval referred to in the *Aboriginal Heritage Regulations 1974* regulation 7 that was in force and effect under that regulation immediately before 1 July 2023 is, on and after repeal day, in force and effect under, and subject to, that regulation.
(4) An approval referred to in the *Aboriginal Heritage Regulations 1974* regulation 7 that was given on or after 1 July 2023 but before repeal day is, on and after repeal day, in force and effect under, and subject to, that regulation.
(5) A consent referred to in the *Aboriginal Heritage Regulations 1974* regulation 10 that was in force and effect under that regulation immediately before 1 July 2023 is, on and after repeal day, in force and effect under, and subject to, that regulation.
(6) A consent referred to in the *Aboriginal Heritage Regulations 1974* regulation 10 that was given on or after 1 July 2023 but before repeal day is, on and after repeal day, in force and effect under, and subject to, that regulation.
(7) None of subsections (1) to (6) applies to an authorisation, approval or consent that, before repeal day, expires in accordance with its terms.
[Section 75 inserted: No. 23 of 2023 s. 23.]
##### 76. ACH permits
ACH permit has the meaning that was given in section 100 of the 2021 Act.
(2) An ACH permit that is granted before repeal day on an application made under section 115(1) of the 2021 Act (whether or not the ACH permit takes effect before repeal day) is, on and after repeal day —
(a) a consent given under section 18(3)(a); and
(b) subject to section 18 accordingly.
(3) The consent is subject to the condition in section 18(6)(c) and, for the purposes of that condition, the day on which the consent is given is the day on which the ACH permit is granted.
(4) In relation to the consent, in the definition of ***new information about an Aboriginal site*** in section 18(1AA) —
(a) the reference to a person who made a decision to give, amend or confirm the consent includes a reference to the ACH Council as the body that decided to grant the ACH permit; and
(b) accordingly, the reference to the purposes of making the decision includes a reference to the purposes of making the decision to grant the ACH permit.
(5) For the purposes of section 18(5), the effect of subsection (2) is not to be regarded as a decision of the Minister.
(6) Subsection (7) applies to an application made under section 115(1) of the 2021 Act before repeal day if none of the following occurs before repeal day —
(a) the ACH Council refuses to consider, or consider further, the application under section 117 of the 2021 Act;
(b) the ACH Council grants an ACH permit on the application (whether or not the ACH permit takes effect before repeal day);
(c) the ACH Council refuses to grant an ACH permit on the application.
(7) On and after repeal day, the application is taken to be a notice given to the Committee under section 18(2) and is to be dealt with accordingly.
(8) If a consent is given under section 18(3)(a) in relation to the notice, the consent is subject to the condition in section 18(6)(c).
[Section 76 inserted: No. 23 of 2023 s. 23.]
##### 77. ACH management plans
ACH management plan has the meaning that was given in section 137(1) of the 2021 Act.
(2) An approval or authorisation of an ACH management plan that is given before repeal day on an application made under section 147(1) or 157(1) of the 2021 Act (whether or not the approval or authorisation takes effect before repeal day) is, on and after repeal day —
(a) a consent given under section 18(3)(a); and
(b) subject to section 18 accordingly.
(3) The consent includes the approved or authorised ACH management plan.
(4) The consent is subject to the condition in section 18(6)(c) and, for the purposes of that condition, the day on which the consent is given is the day on which the approval or authorisation of the ACH management plan is given.
(5) In relation to the consent, in the definition of ***new information about an Aboriginal site*** in section 18(1AA) —
(a) the reference to a person who made a decision to give, amend or confirm the consent includes a reference to, as the case requires —
(i) the ACH Council as the body that decided to give the approval of the ACH management plan; or
(ii) the Minister in relation to the 2021 Act as the person who decided to give the authorisation of the ACH management plan;
and
(b) accordingly, the reference to the purposes of making the decision includes a reference to the purposes of making the decision to give the approval or authorisation of the ACH management plan.
(6) For the purposes of section 18(5), the effect of subsection (2) is not to be regarded as a decision of the Minister.
(7) Subsection (8) applies to an application made under section 147(1) of the 2021 Act before repeal day if none of the following occurs before repeal day —
(a) the ACH Council refuses to consider, or consider further, the application under section 149 of the 2021 Act;
(b) the ACH Council approves the ACH management plan to which the application relates (whether or not the approval takes effect before repeal day);
(c) the ACH Council refuses to approve the ACH management plan to which the application relates.
(8) On and after repeal day, the application is taken to be a notice given to the Committee under section 18(2) and is to be dealt with accordingly.
(9) If a consent is given under section 18(3)(a) in relation to the notice, the consent is subject to the condition in section 18(6)(c).
(10) Subsection (11) applies to an application made under section 157(1) of the 2021 Act before repeal day if none of the following occurs before repeal day —
(a) the ACH Council refuses to consider, or consider further, the application under section 159 of the 2021 Act;
(b) in respect of the application, the Minister in relation to the 2021 Act authorises a plan under section 165(1)(b)(i) of the 2021 Act (whether or not the authorisation takes effect before repeal day);
(c) in respect of the application, the Minister in relation to the 2021 Act refuses to authorise a plan under section 165(1)(b)(ii) of the 2021 Act.
(11) On and after repeal day, the application is taken to be a notice given to the Committee under section 18(2) and is to be dealt with accordingly.
(12) If a consent is given under section 18(3)(a) in relation to the notice, the consent is subject to the condition in section 18(6)(c).
[Section 77 inserted: No. 23 of 2023 s. 23.]
##### 78. Marandoo Act area
Marandoo Act area means the land described in the *Aboriginal Heritage (Marandoo) Act 1992* Schedule 1 Part 1, Schedule 2 Part 1 and Schedule 3 Part 1 immediately before 1 July 2023;
Note for this definition:
The *Aboriginal Heritage (Marandoo) Act 1992* was repealed on 1 July 2023 by section 312 of the 2021 Act.
Marandoo Reduced Area dataset means the geographical information systems spatial dataset titled “WA_MRA_20230524.shp” that was held by the chief executive officer of the Department on 24 May 2023;
Note for this definition:
This is the geographical information systems spatial dataset referred to in the definition of ***Marandoo Reduced Area dataset*** in the *Marandoo Reduced Area Order 2023* dated 24 May 2023 and published in the *Gazette* on 30 May 2023 at p. 1365.
owner, in relation to the specified land, means a person who, immediately before 1 July 2023, was using the specified land for the specified purpose;
specified land means the area of land that is part of the Marandoo Act area described in the Marandoo Reduced Area dataset;
specified purpose means undertaking any activity for and incidental to the exploration, mining, processing and transporting of iron ore, including, but not limited to, the construction, operation and maintenance of railways, power lines, roads and other associated infrastructure.
(2) The owner of specified land is taken to have been given, at the beginning of repeal day, a consent under section 18(3)(a) to use the specified land for the specified purpose.
(3) For the purposes of subsection (2) —
(a) the specified land is taken —
(i) to be the land the subject of the consent; and
(ii) to be specified in the consent;
and
(b) the specified purpose is taken —
(i) to be the purpose for which the land the subject of the consent may be used; and
(ii) to be specified in the consent.
(4) The consent is subject to the condition in section 18(6)(a) and is otherwise subject to section 18.
(5) In relation to the consent, section 18(1AA) applies as if the following definition were substituted for the definition of ***new information about an Aboriginal site*** —
new information about an Aboriginal site, in relation to land the subject of a consent given under subsection (3)(a), means information about an Aboriginal site on the land;
(6) For the purposes of section 18(5), the effect of subsection (2) is not to be regarded as a decision of the Minister.
(7) The chief executive officer of the Department must ensure that the Marandoo Reduced Area dataset is publicly available on a website maintained by, or on behalf of, the Department.
[Section 78 inserted: No. 23 of 2023 s. 23.]
##### 79. Completion of certain things commenced
(1) Anything commenced by the ACH Council before repeal day may be continued by the Committee on and after repeal day, to the extent to which the doing of that thing is within the functions of the Committee.
(2) On and after repeal day, the Minister in relation to the 2021 Act continues in existence for the purpose of dealing with and finalising any proceedings commenced by or against the ACH Council or the Minister before that day.
(3) While the Minister in relation to the 2021 Act continues in existence under subsection (2), the Minister has the powers to do any act that the Minister considers necessary or convenient to do for the purpose for which the Minister is continued in existence.
(4) This section applies despite the repeal of the 2021 Act.
[Section 79 inserted: No. 23 of 2023 s. 23.]
##### 80. Orders etc. under 2021 Act cease to have effect
(1) If a term used in subsection (2) (other than ***repeal day***) was given a meaning in section 11 of the 2021 Act, it has the same meaning in subsection (2).
(2) Any of the following that is in effect immediately before repeal day ceases to have effect at the beginning of repeal day —
(a) a prohibition order;
(b) a remediation order;
(c) a stop activity order;
(d) a designation under section 37(1) of the 2021 Act;
(e) a designation under section 224(1) of the 2021 Act;
(f) an appointment under section 225(1) of the 2021 Act;
(g) an entry warrant under Part 10 Division 4 of the 2021 Act that is not executed before repeal day;
(h) any guidelines approved under Part 13 Division 3 Subdivision 2 of the 2021 Act.
(3) A person whose designation or appointment ceases to have effect under subsection (2)(e) or (f) must, within 14 days after repeal day, return the identity card given to the person under section 226(1) of the 2021 Act to the chief executive officer of the Department.
(4) Any proceedings on an application for an entry warrant under Part 10 Division 4 of the 2021 Act that are commenced, but not completed, before repeal day are terminated at the beginning of repeal day.
[Section 80 inserted: No. 23 of 2023 s. 23.]
##### 81. Information and documents on ACH Directory
On repeal day, all of the information and documents that were transferred under section 331 of the 2021 Act must be transferred to, and recorded in, a register under section 38.
[Section 81 inserted: No. 23 of 2023 s. 23.]
##### 82. Aboriginal ancestral remains
Aboriginal ancestral remains has the meaning that was given in section 11 of the 2021 Act.
(2) This section applies to Aboriginal ancestral remains if —
(a) the ancestral remains are transferred into the custody of the ACH Council under the 2021 Act before repeal day; and
(b) the ancestral remains are still in the custody of the ACH Council immediately before repeal day.
(3) On repeal day, the ancestral remains must be transferred into the custody of the Committee.
(4) Despite the repeal of the 2021 Act, the Committee may then deal with the ancestral remains in accordance with section 60(a) to (c) of the 2021 Act as in force before repeal day (and as if references in those paragraphs to the ACH Council were references to the Committee).
[Section 82 inserted: No. 23 of 2023 s. 23.]
##### 83. Secret or sacred objects
secret or sacred object has the meaning that was given in section 11 of the 2021 Act.
(2) This section applies to a secret or sacred object if —
(a) the object is transferred into the custody of the ACH Council under the 2021 Act before repeal day; and
(b) the object is still in the custody of the ACH Council immediately before repeal day.
(3) On repeal day, the object must be transferred into the custody of the Committee.
(4) Despite the repeal of the 2021 Act, the Committee may then deal with the object in accordance with section 66(a) to (c) of the 2021 Act as in force before repeal day (and as if references in those paragraphs to the ACH Council were references to the Committee).
[Section 83 inserted: No. 23 of 2023 s. 23.]
##### 84. Offences
(1) Any proceedings for an offence committed under the 2021 Act (including regulations made under that Act) before repeal day may be continued, or commenced, on or after repeal day as if the 2021 Act (including regulations made under that Act) had not been repealed, and a person may be punished for the offence accordingly.
(2) Without limiting subsection (1), the following provisions of the 2021 Act apply in relation to any proceedings that are continued or commenced as referred to in subsection (1) as if the 2021 Act (including regulations made under that Act) had not been repealed —
(a) Part 5 Division 3;
(b) section 258;
(c) section 261;
(d) section 262;
(e) Part 11 Divisions 3 and 4.
(3) For the purposes of subsection (1), proceedings may be continued or commenced by the chief executive officer of the Department or a person authorised by that chief executive officer.
(4) Subsection (3) does not limit the ability of a person to commence or continue proceedings if the person has authority at law to do so.
(5) Despite subsection (2)(b), section 258(2) of the 2021 Act does not apply, but if the seized thing is an Aboriginal object (as was defined in section 11 of the 2021 Act) —
(a) the court’s power under section 258(1) of the 2021 Act is limited to ordering the forfeiture of the object to the State and that the object be transferred into the custody of the Committee; and
(b) if the object is so transferred — despite the repeal of the 2021 Act, the Committee may then deal with the object in accordance with section 66(a) to (c) of the 2021 Act as in force before repeal day (and as if references in those paragraphs to the ACH Council were references to the Committee).
(6) For the purposes of subsection (5), it does not matter if the seized thing is not a secret or sacred object (as was defined in section 11 of the 2021 Act).
(7) This section applies despite *The Criminal Code* section 11.
[Section 84 inserted: No. 23 of 2023 s. 23.]
##### 85. Dealing with seized things
(1) Section 241 of the 2021 Act continues to apply, subject to this section, on and after repeal day in relation to things seized before repeal day as if the 2021 Act had not been repealed.
(2) The functions of the inspector under section 241(2) of the 2021 Act are functions of any officer of the Department authorised by the chief executive officer of the Department for the purposes of this section.
(3) The functions of the CEO under section 241(2) of the 2021 Act are functions of the chief executive officer of the Department.
(4) Section 241(3) of the 2021 Act does not apply, but if the seized thing is an Aboriginal object (as was defined in section 11 of the 2021 Act) —
(a) the chief executive officer’s power under section 241(2) of the 2021 Act to give directions is limited to directing that the object be transferred into the custody of the Committee; and
(b) if the object is so transferred — despite the repeal of the 2021 Act, the Committee may then deal with the object in accordance with section 66(a) to (c) of the 2021 Act as in force before repeal day (and as if references in those paragraphs to the ACH Council were references to the Committee).
(5) For the purposes of subsection (4), it does not matter if the seized thing is not a secret or sacred object (as was defined in section 11 of the 2021 Act).
(6) In section 241(4)(b) of the 2021 Act the reference to the Aboriginal Cultural Heritage Account established under section 279(1) of the 2021 Act is to be read as a reference to the Consolidated Account.
[Section 85 inserted: No. 23 of 2023 s. 23.]
##### 86. Application of *Criminal and Found Property Disposal Act 2006*
(1) Section 259(1) of the 2021 Act continues to apply in relation to the following as if the 2021 Act had not been repealed —
(a) a seized thing (as was defined in section 221 of the 2021 Act) that is seized before repeal day;
(b) a thing forfeited under section 258 of the 2021 Act before repeal day;
(c) a thing forfeited under section 258 of the 2021 Act as that section continues to apply on and after repeal day under section 84.
(2) For the purposes of subsection (1), in section 259(1)(a) of the 2021 Act the reference to section 241 of the 2021 Act includes that section as it continues to apply under section 85.
(3) For the purposes of subsection (1), the Department, when assisting the Minister in the administration of this Act, is a prescribed agency for the purposes of the *Criminal and Found Property Disposal Act 2006*.
[Section 86 inserted: No. 23 of 2023 s. 23.]
##### 87. Closure of accounts
ACH Account means the account that was established under section 279(1) of the 2021 Act;
ACH Compensation Fund means the account that was established under section 280(1) of the 2021 Act.
(2) On repeal day, any moneys standing to the credit of the ACH Account or the ACH Compensation Fund must be credited to the Consolidated Account, and the ACH Account and the ACH Compensation Fund must then be closed.
(3) Any amount referred to in section 279(5) or 280(5) of the 2021 Act as in force before repeal day that becomes payable, but is not paid, before repeal day must be paid to the chief executive officer of the Department and credited to the Consolidated Account.
[Section 87 inserted: No. 23 of 2023 s. 23.]
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Notes
This is a compilation of the *Aboriginal Heritage Act 1972* and includes amendments made by other written laws 5. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.
Compilation table
| **Short title** | **Number and year** | **Assent** | **Commencement** |
| --- | --- | --- | --- |
| *Aboriginal Heritage Act 1972* | 53 of 1972 | 2 Oct 1972 | 15 Dec 1972 (see s. 2 and *Gazette* 15 Dec 1972 p. 4681) |
| *Aboriginal Heritage Amendment Act (No. 2) 1980* | 8 of 1980 | 23 Sep 1980 | 23 Sep 1980 |
| **Reprint of the *Aboriginal Heritage Act 1972* as at 24 Jun 1981** (includes amendments listed above) | | | |
| *Acts Amendment (Financial Administration and Audit) Act 1985* s. 3 | 98 of 1985 | 4 Dec 1985 | 1 Jul 1986 (see s. 2 and *Gazette* 30 Jun 1986 p. 2255) |
| *Acts Amendment (Land Administration) Act 1987* Pt. XIV | 126 of 1987 | 31 Dec 1987 | 16 Sep 1988 (see s. 2 and *Gazette* 16 Sep 1988 p. 3637) |
| *Guardianship and Administration Act 1990* s. 123 | 24 of 1990 | 7 Sep 1990 | 20 Oct 1992 (see s. 2 and *Gazette* 2 Oct 1992 p. 4811) |
| *Acts Amendment (Public Sector Management) Act 1994* s. 3(1) | 32 of 1994 | 29 Jun 1994 | 1 Oct 1994 (see s. 2 and *Gazette* 30 Sep 1994 p. 4948) |
| *Aboriginal Heritage Amendment Act 1995* 2, 3 | 24 of 1995 | 30 Jun 1995 | s. 1 and 2: 30 Jun 1995; Act other than s. 1 and 2: 1 Jul 1995 (see s. 2 and *Gazette* 30 Jun 1995 p. 2781) |
| **Reprint of the *Aboriginal Heritage Act 1972* as at 4 Oct 1995** (includes amendments listed above) | | | |
| *Sentencing (Consequential Provisions) Act 1995* Pt. 3 and s. 147 | 78 of 1995 | 16 Jan 1996 | 4 Nov 1996 (see s. 2 and *Gazette* 25 Oct 1996 p. 5632) |
| *Acts Amendment (Land Administration) Act 1997* Pt. 3 and s. 141 | 31 of 1997 | 3 Oct 1997 | 30 Mar 1998 (see s. 2 and *Gazette* 27 Mar 1998 p. 1765) |
| *Gas Corporation (Business Disposal) Act 1999* s. 39 | 58 of 1999 | 24 Dec 1999 | 24 Dec 1999 (see s. 2(1)) |
| **Reprint of the *Aboriginal Heritage Act 1972* as at 16 Feb 2001** (includes amendments listed above) | | | |
| *Sentencing Legislation Amendment and Repeal Act 2003* s. 35 | 50 of 2003 | 9 Jul 2003 | 15May 2004 (see s. 2 and *Gazette* 14 May 2004 p. 1445) |
| *State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004* Pt. 2 Div. 1 4 | 55 of 2004 | 24 Nov 2004 | 1 Jan 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7130) |
| *Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004* s. 80 and 82 | 84 of 2004 | 16 Dec 2004 | 2 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7129 (correction in *Gazette* 7 Jan 2005 p. 53)) |
| *Petroleum Amendment Act 2007* s. 89 | 35 of 2007 | 21 Dec 2007 | 19 Jan 2008 (see s. 2(b) and *Gazette* 18 Jan 2008 p. 147) |
| **Reprint 4: The *Aboriginal Heritage Act 1972* as at 7 Mar 2008** (includes amendments listed above) | | | |
| *Approvals and Related Reforms (No. 3) (Crown Land) Act 2010* Pt. 3 | 8 of 2010 | 3 Jun 2010 | 18 Sep 2010 (see s. 2(b) and *Gazette* 17 Sep 2010 p. 4757) |
| *Water Services Legislation Amendment and Repeal Act 2012* s. 203 | 25 of 2012 | 3 Sep 2012 | 18 Nov 2013 (see s. 2(b) and *Gazette* 14 Nov 2013 p. 5028) |
| *Aboriginal Cultural Heritage Act 2021* Pt. 15 | 27 of 2021 | 22 Dec 2021 | Pt. 15 (other than Div. 3): 23 Dec 2021 (see s. 2(b)); Pt. 15 Div. 3: 1 Jul 2023 (see s. 2(e) and SL 2023/40 cl. 2(b)) |
| *Directors’ Liability Reform Act 2023* Pt. 3 Div. 2 | 9 of 2023 | 4 Apr 2023 | 5 Apr 2023 (see s. 2(j)) |
| *Aboriginal Heritage Legislation Amendment and Repeal Act 2023* Pt. 3 | 23 of 2023 | 24 Oct 2023 | Pt. 3 (other than Div. 2): 25 Oct 2023 (see s. 2(b)); Pt. 3 Div. 2: 15 Nov 2023 (see s. 2(d) and SL 2023/161 cl. 2) |
Uncommenced provisions table
To view the text of the uncommenced provisions see *Acts as passed* on the WA Legislation website.
| **Short title** | **Number and year** | **Assent** | **Commencement** |
| --- | --- | --- | --- |
| *Aboriginal Cultural Heritage Act 2021* s. 310 | 27 of 2021 | 22 Dec 2021 | 1 Jan 2024 (see s. 2(d)) |
| *Petroleum Legislation Amendment Act 2024* s. 433(2) & 434(2) | 17 of 2024 | 14 May 2024 | To be proclaimed (see s. 2(b)) |
Other notes
1 Under the *Financial Legislation Amendment and Repeal Act 2006* Sch. 2 cl. 13 a reference to the Consolidated Fund may, where the context so requires, be read as if it had been amended to be a reference to the Consolidated Account. This reference was changed under the *Reprints Act 1984* s. 7(5)(a).