Legislative shortcomings hindering aboriginal cultural heritage protection. Information technology and indigenous communities aiatsis. Home aboriginal heritage act 1972 subsidiary legislation. Aboriginal heritage act 1972 wa guidelines aboriginal. Heritage in the act environment, planning and sustainable.
Nov 18, 20 download compare aboriginal heritage act 1972. Aboriginal heritage act 1972 parliament of western australia. The aboriginal heritage act 1972 requires a register of places and objects to be maintained by the registrar of aboriginal sites. State government proposes beneficial reforms of aboriginal heritage act public consultation period opens greater clarity, certainty, compliance, effectiveness, efficiency, fairness and flexibility are the foundations of proposed reforms of the aboriginal heritage act 1972 announced today by indigenous affairs minister peter collier. Bropho v western australia was a decision of the high court of australia, which ruled on 20 june 1990 that section 17 of the aboriginal heritage act 1972 of western australia bound the crown in right of western australia. A person was not admitted to a reserve unless entitled under this act to reside there. Terms used in this act part ii application and traditional use 5. They have also long enjoyed the right to appeal such ministerial decisions, as set out in section 18, even though the aboriginal custodians or native title holders of the site to be disturbed have no such right. Greater clarity, certainty, compliance, effectiveness, efficiency, fairness and flexibility are the foundations of proposed reforms of the aboriginal heritage act 1972 announced today by indigenous affairs minister peter collier mr collier said these seven core principles formed the basis of the proposed reforms made public today through the release of a discussion paper and would make. Aboriginal heritage act 1972 application and traditional use part ii s. Often, a sense of history and age may contribute to the significance of a place or object.
There are two circumstances when the status of a site must be determined. Feb 19, 2016 the west australian government intends to proceed with controversial changes to aboriginal heritage legislation, despite progress on the bill stalling for so long that it dropped off the list. Legislation and heritage protections heritage heritage. The state heritage register is a listing of items places, buildings, works, relics, moveable objects, precincts or land of state heritage value. Ymac is very concerned about proposed changes to the aboriginal heritage act 1972 wa. Jammu and kashmir heritage conservation and preservation act, 2010. In this issue, we discuss the outcomes of the oncountry bush meeting at yule river this year. Jun 24, 2015 essentially, the case was about what sites are to be considered an aboriginal site for the purposes of the aboriginal heritage act 1972 wa the ah act and in particular section 5 of that act, which deals with the places to which the act apples and provides as follows.
Wa government to proceed with controversial changes to. The act did not expressly say whether it bound the crown, although the act provided that it applied to all places in western australia. The following is a sample format for the development of an aboriginal heritage management plan that is likely to meet the purposes of the aboriginal heritage act 1972. The drafting process for new aboriginal heritage legislation is underway. Thirty five aboriginal heritage sites that were wrongly removed from the protection of the aboriginal heritage act 1972 since 2011, are still yet to be reinstated to the heritage register by the wa government. Commencement this act shall come into operation on a date to be fixed by proclamation 1. Protection under state and territory laws department of agriculture. See more information on the act s ngunnawal heritage here. Consent to certain uses 1 for the purposes of this section, the expression the owner of any land includes a lessee from the crown, and the holder of any mining tenement or mining privilege, or of any right or privilege under the petroleum and geothermal energy resources act 1967, in relation to the land. The aboriginal heritage act 1972wa act establishes a statutory mechanism for the protection of specified places and objects by providing, among other things, that it is an offence for any person to conceal, alter, damage or destroy, those places or objects without authorisation. Aboriginal heritage act 1972, 18 nov 20, current, 04g005, pdf. Only amendments that have commenced are incorporated.
Media statements feedback on aboriginal heritage act reform. Whether you are a junior explorer or established project in western australia, you may require ministerial consent under section 16 or 18 of the aboriginal heritage act 1972 wa in order to break dirt for many companies, this complex process can potentially delay critical timeframes, and needs to be managed in the most efficient, costeffective way possible. This document is from an electronic database of legislation maintained by the. A final round of formal public consultation will be scheduled later this year, when current. Refind renren sina weibo sitejot skype slashdot sms stocktwits svejo symbaloo. You are directed to information on how your personal information is protected. Essentially, the case was about what sites are to be considered an aboriginal site for the purposes of the aboriginal heritage act 1972 wa the ah act and in particular section 5 of that act, which deals with the places to which the act apples and provides as follows. Interpretation in this act, unless the context requires otherwise, aboriginal means pertaining to the original inhabitants of. Aboriginal heritage act 1988 table of provisions long title part 1preliminary 1. Western australian legislation aboriginal heritage act 1972. Review of the western australian aboriginal heritage act 1972 the wa division of the eianz is pleased to have this opportunity to provide feedback to the wa government on its consultation paper.
Ymac is extremely concerned about these proposed changes as they appear to be aimed at speeding up the approvals process for developers and industry, and do very little to improve the protection for aboriginal heritage. This report will take the intent of the aboriginal heritage act and compare it to the implementation and internal systems and workings within the appropriate authorities. The aborigines act 1971 provided for the conduct of reserves for aborigines and for the admission of people who wished to reside in such areas. They protect and manage the aboriginal cultural heritage in victoria. Aboriginal heritage act 1972 table of provisions long title part i preliminary 1. Aboriginal heritage act 1972 western australian legislation. Aboriginal heritage act 1972 wa the aboriginal heritage act 1972 provides for the recognition, protection and preservation of aboriginal sites in western australia. Aboriginal protection is a term that was commonly used in the nineteenth and twentieth centuries to describe the policies and laws that regulated the lives of aboriginal people. It is important to be aware of the fact that all aboriginal sites in nsw are protected under the national parks and wildlife act 1974, and it is an offence to damage or destroy them this includes collecting artefacts without prior permission of the nsw government. Short title this act may be cited as the aboriginal heritage act 1972 1. The aboriginal heritage act 1972 wa act establishes a statutory mechanism for the protection of specified places and objects by providing, among other things, that it is an offence for any person to conceal, alter, damage or destroy, those places or objects without authorisation.
Section 17 of the aboriginal heritage act 1972 of western australia prohibited the destruction or damage of aboriginal sites except with the consent of the responsible state minister. Western australian legislation aboriginal heritage act. However, western australias aboriginal heritage act 1972, the tasmanian aboriginal relics act 1975 and the commonwealths aboriginal and torres strait islander heritage protection act 1984 all remain in force, largely in their original. Aboriginal heritage act changes give traditional owners. Whether you are a junior explorer or established project in western australia, you may require ministerial consent under section 16 or 18 of the aboriginal heritage act 1972 wa in order to break dirt. The state of tasmania the department of premier and cabinet 2020 ver. This act applies to a any place of importance and significance where persons of aboriginal descent have, or appear to have, left any object, natural or artificial, used for, or made or adapted for use for, any purpose connected with the traditional cultural life of the aboriginal people, past or present. The legislative history at the back of the act provides detail about the past and. Porthedland aboriginal sacred sitebased onthe same interpretation ofsection 5b and ask. Penalties will remain weak while the determination of the significance of heritage rests upon non aboriginal notions of value and significance. Aboriginal cultural heritage act 2003 an act to make provision for aboriginal cultural heritage, and for other purposes part 1 preliminary division 1 introduction 1 short title this act may be cited as the aboriginal cultural heritage act 2003. Pdf innovation in conservation, a timeline history of australia. More than 350 traditional owners from across wa travelled to yule river to discuss proposed amendments to the aboriginal heritage act and the regional services reform roadmap.
Act binds crown part 2administration division 1general 5. Apart from that, the act has been effectively impliedly repealed by the aboriginal heritage act 1988 and is, consequently, treated as a historical version. Part 6 provides specific protection for aboriginal objects and declared aboriginal places by establishing offences of harm, which includes destroying, defacing or damaging an aboriginal object or place. The aboriginal heritage act 2006 of the state of victoria, australia was enacted to provide for the protection of aboriginal cultural heritage in victoria. Indigenous heritage can be protected under state or territory heritage laws to varying degrees. You may print or download one copy of this document for the purpose. Aboriginal heritage act 1975 you are directed to information on how your personal information is protected. Section 9 of the roxby downs indenture ratification act 1982 applies this act to certain operations. The guidelines list criteria that will be taken into account when determining whether a place is a sacred, ritual or ceremonial site which are.
The effectiveness of the aboriginal heritage act 1972. The act also allows a maximum of one chapter or 10 per cent of this book. Penalties will remain weak while the determination of the significance of heritage rests upon nonaboriginal notions of value and significance. Aboriginal heritage management plan for the purposes of.
Presentation an aboriginal heritage management plan is a written report with a standard format. Recent times in 1972 the aboriginal heritage actwas introduced in western australia to protect aboriginal heritage, which includes all places and objects that are important to aboriginal people. Review of the aboriginal heritage act 1972 wa dplh. The purpose of this bill is to amend the aboriginal heritage act 1972 in order to improve its efficiency and effectiveness whilst ensuring the continued and enhanced protection of aboriginal heritage.
You are directed to a disclaimer and notice governing the information provided. The west australian government intends to proceed with controversial changes to aboriginal heritage legislation, despite progress on the bill stalling for so long that it dropped off the list. From the 1880s aboriginal people in western australia, including children, were controlled by specific protection acts. Incorporating the amendments proposed by the aboriginal heritage amendment bill 2014. We are continuing to develop and evolve our approach to customers. Click on the two links below to read more about ymacs concerns and how you can make your submission to the department of aboriginal affairs by 6 august 2014. In july 20, the acmc adopted new guidelines in relation to s 5 of the ah act, which included public release of a document titled section 5 of the aboriginal heritage act 1972 wa s 5 guidelines. As you know, the wa government has released proposed amendments to the aboriginal heritage act 1972. Aboriginal heritage act 1972, which is curtailed in some places. It established registered aboriginal parties to act as the primary guardians, keepers and knowledge holders of aboriginal cultural heritage. Feb 18, 2015 aboriginal heritage amendment bill 2014.
Application of the aboriginal heritage act 1972 lavan. Since 1november 2012 how many ofthe 184section 18applications and 1,776heritage places submitted totheacmc forassessment as sites were found tobe not asite under section 5oftheaboriginal heritage act. The evolution of joint management in western australia parks and. This legislation is affected by amending provisions that have not yet come into operation or taken effect. This act may be cited as the aboriginal heritage act 1972 1. The national parks and wildlife act 1974 npw act is the primary legislation for the protection of some aspects of aboriginal cultural heritage in nsw. The unesco world heritage list is a list of places of outstanding cultural and natural heritage that are considered to have importance for all humankind the list is established under the convention for the protection of the world cultural and natural heritage, which was adopted by unesco in november 1972 process. The world heritage convention has been ratified agreed to by 185 countries. The aboriginal heritage act of 1972 is the foremost legislation in the protection of aboriginal heritage within the western australia wa.
The aboriginal heritage act 1972 aha protects all aboriginal heritage sites in. Items of aboriginal cultural heritage value, including post contact sites, can also be protected by inclusion in the state heritage register under the heritage act 1977 nsw. Review of the western australian aboriginal heritage act 1972. Review of the aboriginal heritage act 1972 department of. Was newlook aboriginal heritage policy and the assessment. Wa government forced to reassesses contested aboriginal. Versions of this act includes consolidations, reprints and as passed versions subsidiary legislation made under this act current versions history of this act.
Consolidated version, currency start, currency end, suffix, download. Consent to certain uses 1 for the purposes of this section, the expression the owner of any land includes a lessee from the crown, and the holder of any mining tenement or mining privilege, or of any right or privilege under the petroleum act 1967, in relation to the land. In particular the court concluded that the process applied was incorrect and inconsistent. The wa division of the eianz is pleased to have this opportunity to provide feedback to the wa government on its consultation paper. The aboriginal heritage act 1972 the act makes provision for the preservation of places and objects customarily used by, or traditional to, the original. Legislative shortcomings hindering aboriginal cultural. In western australia, developers have long enjoyed the right under the aboriginal heritage act 1972 to apply for ministerial consent to disturb any aboriginal site in the state. The act applies to any aboriginal site, as defined. Aboriginal heritage management plan for the purposes of the. Aboriginal land custodianship is intertwined with strong religious beliefs, powerful mythologies and ties to the land. They have also long enjoyed the right to appeal such ministerial decisions, as set out in section 18, even though the aboriginal custodians or native title. This act has never been brought into operation but has not been expressly repealed. Aboriginal heritage department of planning, lands and heritage.
1559 589 1401 1172 1457 439 100 1610 694 1267 879 288 934 1095 1615 981 1580 82 1485 1307 57 1040 390 874 800 602 1304 302 824 579 1360 1017 1055 41 679 1109 306 1368 314 85 96 934 1247