Slade Brockman (WA, Liberal Party) Share this | Link to this | Hansard source

My question is to the Minister representing the Minister for the Environment and Water, Senator Wong. On 30 May 2023, Minister Plibersek said that the Albanese government was:

… systemically changing our cultural heritage laws in a co-design partnership with the First Nations Heritage Protection Alliance.

This deeply impacts farming communities across Western Australia.

Government Senators:

Government senators interjecting—

Sue Lines (President) Share this | Link to this | Hansard source

Order!

Slade Brockman (WA, Liberal Party) Share this | Link to this | Hansard source

I'd urge you to listen. Minister, why does the so-called co-design partnership apparently not include farmers or, indeed, any other Australians holding private property rights, who will clearly be substantially impacted by any changes to the law?

Sue Lines (President) Share this | Link to this | Hansard source

Before I call the minister, I am going to remind senators on my right to stop the interjections.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I am not sure of the context of the quote that the senator is using. If it's something similar to what Ms Ley said when minister—she said:

… it needs to be addressed through a national conversation. … This is about the government working with Indigenous Australians and recognising their right to determine what is important to them.

So said Ms Ley.

I would make the point that I have no doubt that Minister Plibersek will, if there are any changes that are proposed, ensure that stakeholders—all stakeholders—are consulted. I know Minister Watt is very consultative in his portfolio with some of the sectors, industries and communities that you reference. I think it is regrettable that the opposition is using the concerns that people have about some state legislation, which I understand, but you people are using it in order to try and fuel some fear about what this government is doing, when we are actually taking a very similar approach to that taken by the previous government.

I go back to the response I gave in, I think, the answer to the second supplementary that Senator Cash gave me. We did have the destruction of Juukan Gorge, and we all, including the company concerned, recognise what a tragedy that was, that destruction of First Nations heritage. And there was an agreement across parliament that we did need to ensure that this didn't happen again. And I regret that the tenor of the questions to me today demonstrates that that bipartisanship, in some quarters—

You may snort, Senator Cash, but I actually think there are some things which should be bipartisan, and it is disappointing that you don't seem to think so. (Time expired)

Sue Lines (President) Share this | Link to this | Hansard source

Senator Brockman, a first supplementary?

Sorry, Senator Brockman. I am going to ask for silence. Senator Cash, you have one of your own people on their feet. Senator Brockman, please continue.

Slade Brockman (WA, Liberal Party) Share this | Link to this | Hansard source

I'll preface this again by saying these laws, and the Labor approach to these laws, are having a significant impact on regional communities, particularly farming communities. Minister, can you guarantee that the Albanese government's cultural heritage laws will not follow the West Australian Labor model of imposing penalties of up to $1 million for individuals and $10 million for corporations, as well as jail terms—massive penalties in jail terms—for even inadvertent breaches? If not, why not? (Time expired)

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

As I said in relation to an answer to Senator Cash, we will not be adopting or duplicating existing state and territory regimes. What we will be doing is modernising Indigenous heritage protection laws in Australia. And I'm grateful for Senator Duniam who on 28 November last year said that the Juukan Gorge events:

… were so disastrous that they made it very clear that comprehensive work needed to begin, as a matter of urgency, on modernising Indigenous heritage protection laws in Australia.

Hon. Senators:

Honourable senators interjecting—

Sue Lines (President) Share this | Link to this | Hansard source

Order!

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I didn't hear him running the scare campaign then. This is what that is about.

An honourable senator: What did you change? What's changed?

I'm asked over here, 'What's changed?' We know what's changed: a bit of political opportunism from those opposite, which is extremely disappointing.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Cash.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

Senator, I appreciate that you have a particular position on the state legislation, but that is not passed through this parliament. That is passed through the Western Australian parliament.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Duniam.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

And what this government does is correct, Senator Duniam, and what we are doing is modernising, as you said— (Time expired)

Sue Lines (President) Share this | Link to this | Hansard source

Senator Duniam, you do not have the call. Senator Duniam, you have one of your own senators on his feet. Senator Brockman, a second supplementary?

Slade Brockman (WA, Liberal Party) Share this | Link to this | Hansard source

Thank you. Minister, what modelling have you done, or will you commit to doing, to assess the cost impact of your proposed cultural heritage law changes on the agricultural sector, on the housing sector and on the mining sector?

Hon. Senators:

Honourable senators interjecting—

Sue Lines (President) Share this | Link to this | Hansard source

Before I call the minister, I'm waiting for order again.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I'm not sure which proposed laws you're referring to. What I understand to be happening is what Senator Duniam and Ms Ley flagged, which is a conversation about modernising laws in accordance with the bipartisan recommendations of inquiries that the member for Leichhardt was engaged in.

If you are concerned about state laws, perhaps you might consider whether or not the Western Australian parliament needs you. But the reality is that, here, we don't pass that legislation; we pass Commonwealth legislation, and we are responsible for the process of bringing forward Commonwealth legislation. As I understand it—and I will check, because obviously I'm representing in this—

Honourable senato rs interjecting—

Sue Lines (President) Share this | Link to this | Hansard source

Minister Wong, please resume your seat. Interjections across the chamber are disorderly. The minister is on her feet answering the question, and I expect there to be silence.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

As I said, there is no legislation that is before us nor any that has been put out for consultation. There is conversation and consultation about modernising these laws in accordance with Senator Duniam's— (Time expired)