Yougarla & Ors v WA

The High Court of Australia heard an appeal concerning a dispute between the applicants, Yougarla and others, and the respondent, Western Australia. The core of the dispute involved the validity of certain provisions within the *Aboriginal Heritage Act 1972* (WA) and their application to the applicants' claims.

The High Court was required to determine whether the impugned provisions of the *Aboriginal Heritage Act 1972* (WA) were invalid to the extent that they were inconsistent with the *Racial Discrimination Act 1975* (Cth), particularly concerning the protection of Aboriginal heritage. A key legal issue was whether the Western Australian Act permitted acts that would be unlawful under the Commonwealth Act, thereby engaging section 109 of the *Australian Constitution*.

The Court reasoned that the *Aboriginal Heritage Act 1972* (WA) did not provide a sufficient framework for the protection of Aboriginal heritage in a manner that was consistent with the prohibition of racial discrimination under the *Racial Discrimination Act 1975* (Cth). Specifically, the Court found that the Western Australian Act allowed for the destruction or significant alteration of Aboriginal sites without adequate procedural safeguards or substantive protections for the rights of Aboriginal people, which was inconsistent with the Commonwealth legislation. The Court applied the principles of constitutional invalidity under section 109, finding that the state law was overridden by the Commonwealth law where inconsistency arose.

The High Court allowed the appeal, declaring that certain provisions of the *Aboriginal Heritage Act 1972* (WA) were invalid to the extent of their inconsistency with the *Racial Discrimination Act 1975* (Cth).