Under the aboriginal heritage act 1972 wa all aboriginal heritage sites must be reported to the registrar of aboriginal sites upon identification. Aboriginal land custodianship is intertwined with strong religious beliefs, powerful mythologies and ties to the land. 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. Consult services offered by local governments or the federal government. Aboriginal heritage act 1972 wa the aboriginal heritage act 1972 provides for the recognition, protection and preservation of aboriginal sites in western australia. These information leaflets on various aboriginal heritage topics are available to download. Cultural heritage legislation aboriginal and nonaboriginal guidelines 4 federal environment protection and biodiversity conservation act 19995 what must you do or not do. While the act maintains the aboriginal heritage register for the previous legislation it also provides blanket protection for all aboriginal heritage, whether on the register or not. The state of tasmania the department of premier and cabinet 2020 ver. You are directed to a disclaimer and notice governing the information provided.
Aboriginal heritage management plan for the purposes of the. Application of the aboriginal heritage act 1972 lavan. Heritage in the act environment, planning and sustainable. Aboriginal heritage act 1972 where available versions as previously in force consolidated versions reprints as passed. The aboriginal heritage act 1988 aims to protect and preserve south australias aboriginal heritage.
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. Consolidated version, currency start, currency end, suffix, download. Penalties will remain weak while the determination of the significance of heritage rests upon nonaboriginal notions of value and significance. Generally australias state and territory governments are responsible for the protection of australias indigenous heritage places. The long title of the aboriginal heritage act 1972 states that it is an act to make provision for the preservation on behalf of the community of places and objects. The legislative history at the back of the act provides detail about the past and. Western australian legislation aboriginal heritage act 1972. 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. Pdf the seismicity of iran and its effect on iranian adobe cultural.
As you know, the wa government has released proposed amendments to the aboriginal heritage act 1972. Aboriginal heritage conservation western australian. 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. Ymac is very concerned about proposed changes to the aboriginal heritage act 1972 wa. They protect and manage the aboriginal cultural heritage in victoria.
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. It is the primary legislation for the protection of aboriginal cultural heritage in tasmania. The aboriginal heritage act 2006 links the protection of aboriginal cultural heritage in victoria with planning and land development processes. Legislative shortcomings hindering aboriginal cultural heritage protection.
Act heritage register environment, planning and sustainable. Review of the western australian aboriginal heritage act 1972. An important part of the role of the aboriginal heritage office is to enhance appreciation of aboriginal culture in the wider community. This legislation is affected by amending provisions that have not yet come into operation or taken effect. The aboriginal heritage act of 1972 is the foremost legislation in the protection of aboriginal heritage within the western australia wa. Western australian aboriginal affairs minister and treasurer, ben wyatt, recently released a consultation paper on significant amendments to was aboriginal heritage act 1972. About indigenous heritage aboriginal and torres strait islander heritage is an important part of australian heritage. Evidence of the occupation of australia by aboriginal and torres strait islander people dates back more than 60,000 years.
Appendix a provides a summary of the aboriginal heritage act. The australian aboriginal heritage act of 1972 was created to ensure the protection and preservation of aboriginal cultural heritage in western australia, and to establish a registry of these sites and objects that the act seeks to protect affairs, 2,3. The aboriginal heritage act 1972 the act makes provision for the preservation of places and objects customarily used by, or traditional to, the original. Many industry land users have expressed frustration with the uncertainty, delays and costs. This document is from an electronic database of legislation maintained by the. Land use victoria provides forms for property transactions and dealings, associated guides and fee listings.
All health services contemplating any site works on land with possible aboriginal importance or significance. The aboriginal heritage act of 1972 is the foremost legislation in the. Aboriginal heritage department of planning, lands and heritage. Mar 29, 2018 western australian aboriginal affairs minister and treasurer, ben wyatt, recently released a consultation paper on significant amendments to was aboriginal heritage act 1972. Protection of indigenous heritage library of congress. The aboriginal heritage act 1975 the act is administered by the department of primary industries, parks, water and environment. This is the aboriginal cultural heritage bill 2003 as introduced into parliament. 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. This act has never been brought into operation but has not been expressly repealed. The aboriginal heritage act 2006 the act acts primarily to provide for the protection of aboriginal cultural heritage in victoria who and what helps carry out the act. Freedom of information application foi01420 lake yindarlgooda 20. The effectiveness of the aboriginal heritage act 1972 parliament of. A final round of formal public consultation will be scheduled later this year, when current.
It established registered aboriginal parties to act as the primary guardians, keepers and knowledge holders of aboriginal cultural heritage. Legislative shortcomings hindering aboriginal cultural. The department of aboriginal and torres strait islander partnerships datsip is responsible for administering the aboriginal cultural heritage act 2003 pdf and the torres strait islander cultural heritage act 2003 pdf the acts the main purpose of the acts is to provide effective recognition, protection and conservation of aboriginal and torres strait islander cultural heritage. Review of the aboriginal heritage act 1972 department of. Aboriginal heritage act 1972 wa guidelines interaction between. Legislation and heritage protections heritage heritage. The commonwealth is responsible for protecting indigenous heritage places that are nationally or internationally significant, or that are situated on land that.
Iran, earthquake, adobe cultural heritage, bam city. 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. Heritage advice australia will provide all necessary information and documentation to the registrar upon completion of a survey, relieving your company from the onus of recording and reporting aboriginal heritage sites. Aboriginal heritage act 1972 part ii application and traditional use s. The maximum penalty is 1800 penalty units for an individual and 10,000 penalty units for a body corporate. Aboriginal heritage places are not always identified within heritage overlay controls so check first with your local council. Consent is required from the minister for aboriginal affairs for any activity which will negatively impact aboriginal heritage sites. The rainbow serpent when guidelines misguide the supreme court in robinson v fielding 1 concluded that guidelines adopted by the aboriginal cultural materials committee for the determination of what is an aboriginal site under the aboriginal heritage act 1972 wa aha are inconsistent with the definition of. The amendments addressed a number of inadequacies in the existing legislation and were informed by a series of public consultation sessions during 2016 and early 2017. The suggested changes to the aboriginal heritage act are laughable and offer even less protection than the act of 1972. 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 national parks and wildlife act 1974 npw act is the primary legislation for the protection of some aspects of aboriginal cultural heritage in nsw. Aboriginal heritage act 1972, 18 nov 20, current, 04g005, pdf.
All states and territories have laws that protect various types of indigenous heritage. Western australian legislation aboriginal heritage act. Third reading of the aboriginal cultural heritage bill 2003. Review of the aboriginal heritage act 1972 wa dplh. This advocacy led to the formation of the aboriginal cultural heritage working party which developed a discussion paper 1995 and draft green paper 1996 on the subject of the reform of aboriginal heritage legislation for nsw. Frustration rises over changes to the wa aboriginal heritage act august 20, 2014 4. Australian aboriginal and native american cultural heritage. Australian heritage laws exist at the national commonwealth level, and at each of australian capital territory, new south wales, northern territory, queensland, south australia, tasmania, victoria, western australia state and territory levels. Aug 20, 2014 frustration rises over changes to the wa aboriginal heritage act august 20, 2014 4. Nov 18, 20 consolidated versions currency start currency end suffix download compare aboriginal heritage act 1972. Versions of this act includes consolidations, reprints and as passed versions subsidiary legislation made under this act current versions history of this act. Generally there are separate laws governing aboriginal cultural heritage and historical sometimes referred to as postcontact or nonaboriginal.
Frustration rises over changes to the wa aboriginal heritage act. A management plan for an area is the written report setting out the results of an assessment, and recommendations for measures to be taken to manage and protect the aboriginal cultural heritage identified in that assessment. There is no provision within the aboriginal heritage act 1972. Acrobat reader file the return of cultural goods law, 2016 in greek. Apart from that, the act has been effectively impliedly repealed by the aboriginal heritage act 1988 and is, consequently, treated as a historical version. Evolution of the act aboriginal heritage action alliance. Aboriginal heritage act 1972 application and traditional use part ii s. Aboriginal heritage act 1972 table of provisions long title part i preliminary 1. Aboriginal heritage act 1972 wa in western australia, the aboriginal heritage act 1972 is the key piece of legislation dealing with aboriginal heritage. Aboriginal heritage act 1972 the act has been described as embarrassingly out of kilter with modern standards of heritage management, but also and more importantly, the rights and reasonable expectations of aboriginal people. Useful downloads on aboriginal heritage in lane cove, manly.
The aboriginal heritage act 2006 of the state of victoria, australia was enacted to provide for the protection of aboriginal cultural heritage in victoria. Review of the aboriginal heritage act 1972 this consultation is now closed unfortunately, this consultation is now closed and no more online responses will be accepted. Index table search search this act notes noteup previous next download help. Dia encourages proponents to engage early in the project planning process to get advice on whether they need to give notice under s.
Only amendments that have commenced are incorporated. The aboriginal heritage act 1972 the act makes provision for the preservation of places and objects customarily used by, or traditional to, the original inhabitants of. The act heritage council the council has prepared a flowchart outlining the heritage listing process. Preservation of aboriginal sites is afforded by section 17 of the aboriginal heritage act 1972 and regulations 6 to 10 of the aboriginal heritage regulations 1974. The act allows different organisations, groups and bodies to connect and better enforce and preserve policies regarding aboriginal heritage. Aboriginal cultural material committee, the body charged with evaluating the importance of places and objects for the purposes of the aboriginal heritage act 1972 wa, had misconstrued the term sacred site in determining that certain land and waters in port hedland harbour were not an aboriginal site within the meaning of the act.
Requested by robin chapple mlc, greens member for the mining and pastoral region, western. The aboriginal heritage act 2006includes substantial penalties to provide an effective deterrent against harming aboriginal cultural heritage. Section 9 of the roxby downs indenture ratification act 1982 applies this act to certain operations. In 2011 the western australian government reformed administration of the aboriginal heritage act 1972 the act. Among several changes, many sites ceased to be recognised as sites, and new site. Aboriginal cultural heritage refers to the knowledge and lore, practices and people, objects and places that are valued, culturally meaningful and connected to identity and country. Under the heritage act 2004 the act the council is responsible for keeping a register of places and objects in the act which have heritage significance at the territory level. With a state election looming in western australia on 9 march, charlie sublet travels to an area of the kimberley that is under threat from a proposed liquefied natural gas processing plant. You are directed to information on how your personal information is protected. Often, a sense of history and age may contribute to the significance of a place or object. Native title alert proposed amendments to the aboriginal. The aboriginal heritage act 1972 aha protects all aboriginal heritage sites in.
The aboriginal heritage act 1972 aha protects all aboriginal heritage sites in western australia, whether or not they are registered with the department. Penalties will remain weak while the determination of the significance of heritage rests upon non aboriginal notions of value and significance. See more information on the act s ngunnawal heritage here. The effectiveness of the aboriginal heritage act 1972.
Aboriginal cultural heritage act 2003 queensland legislation. Since the experimental expenses are abundant, creating an apposite analytical model of adobe walls which act as a. Aboriginal heritage act 1972 wa guidelines aboriginal. 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. These sections deal with the specific protection of. Frustration rises over changes to the wa aboriginal. Review of the aboriginal heritage act 1972 this consultation is now closed unfortunately, this consultation is now closed and no more online responses will be. Convention for the protection of the world cultural and natural heritage, paris, 16 november 1972 convention for the protection of the.
The drafting process for new aboriginal heritage legislation is underway. Aboriginal site protection heritage advice australia. The legislation related to protecting indigenous heritage has been the subject of. The aboriginal heritage act 1972 wa,152 which is administered by the. Terms used in this act part ii application and traditional use 5. 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.
What is cultural heritage department of aboriginal and. In particular the court concluded that the process applied was incorrect and inconsistent. As well as historically important, indigenous heritage is of continuing significance, creating and maintaining continuous links with the. Aboriginal heritage act 1972 western australian legislation. Indigenous heritage laws department of agriculture.
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