Reference is made throughout to aboriginal heritage legislation in other australian jurisdictions. Protection of indigenous heritage in selected jurisdictions. Approval for impacts to heritage is governed by the state aboriginal heritage act 1972. Aboriginal heritage management plan for the purposes of the. 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. Cultural heritage legislation aboriginal and non aboriginal guidelines 3 o intangible phenomena, such as customs and language. Aboriginal heritage amendment bill 2014 contents 1. The state of tasmania the department of premier and cabinet 2020 ver. Aboriginal heritage act 1972 criminal offences apply under commonwealth and state and territory laws for unauthorised access to sacred sites. It is the primary legislation for the protection of aboriginal cultural heritage in tasmania.
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. The minister for aboriginal affairs is responsible for the administration of the act and is assisted in that respect by the department of aboriginal. Protecting heritage and enforcing the act aboriginal victoria. Aboriginal heritage places dplh001 this data set contains places within western australia that have been reported to the registrar of aboriginal sites as possible aboriginal sites within the meaning of the aboriginal heritage act 1972 aha. 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 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. 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. Aboriginal heritage act 1972 applies acmc aboriginal cultural material committee aha or the act aboriginal heritage act 1972 as amended. Aboriginal heritage means the aboriginal site or objects as defined in sections 5 and 6 of the aboriginal heritage act 1972 wa aha.
The aboriginal heritage act 1972 aha protects all aboriginal heritage sites in western australia, whether or not they are registered with the department. 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 the act makes provision for the preservation of places and objects customarily used by, or traditional to, the original. Aboriginal heritage act 1972 parliament of western australia. Terms used in this act part ii application and traditional use 5. The aboriginal heritage act 2006includes substantial penalties to provide an effective deterrent against harming aboriginal cultural heritage. Aboriginal heritage act 1972 table of provisions long title part i preliminary 1. Resource and environmental compliance division publication. 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. Aboriginal heritage act 1972 an act to make provision for the preservation on behalf of the community of places and objects customarily used by or traditional to the original inhabitants of australia or their descendants, or associated therewith, and for other purposes incidental thereto. The current practice to await the resolution of aboriginal heritage act 1972 approvals i. Report of an aboriginal heritage desktop assessment of the. Cultural heritage legislation indigenous and non indigenous. In particular the court concluded that the process applied was incorrect and inconsistent.
Ahaa question the governments deregistration of these sites in light of the supreme court decision, and asks on what basis they. Incorporating the amendments proposed by the aboriginal heritage amendment bill 2014. Section 9 of the roxby downs indenture ratification act 1982 applies this act to certain operations. Aboriginal cultural heritage act 2003 queensland legislation. An indigenous perspective on proposed changes to the. Among several changes, many sites ceased to be recognised as sites, and new site. Aboriginal heritage risk matrix means the matrix contained in schedule 2 of the aboriginal. 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 1972. The effectiveness of the aboriginal heritage act 1972. Act amended 2 aboriginal heritage act 1972 part i preliminary 1. This has led to a concern of introducing inefficiencies for dmirs and slowing down the assessment and approval of other applications. Consolidated version, currency start, currency end, suffix, download.
In april 2015 the supreme court found the aboriginal cultural material committees interpretation of section 5b of the aboriginal heritage act 1972 which defines sacred, ritual and ceremonial sites was invalid. The aboriginal heritage act 1972 preserves all aboriginal sites in western australia whether or not they are registered. The place has been assessed as not meeting section 5 of the aboriginal heritage act 1972. Information has been received in relation to the place, but an assessment has not been completed at this stage to determine if it meets section 5. This draft bill shows how the aboriginal heritage act 1972 would look if it were amended as proposed by the government. Australian aboriginal heritage act 1972 state and the aboriginal and torres strait islander heritage protection act 1984 commonwealth. This document is from an electronic database of legislation maintained by the. Dec 31, 2015 od065416 aboriginal heritage act 1972 pdf 27kb applicable to. The aboriginal heritage act 1972 the act makes provision for the preservation of places and objects.
Third reading of the aboriginal cultural heritage bill 2003. Freedom of information application foi01420 lake yindarlgooda 20. Aboriginal heritage act 1972 wa in western australia, the aboriginal heritage act 1972 is the key piece of legislation dealing with aboriginal heritage. Versions of this act includes consolidations, reprints and as passed versions subsidiary legislation made under this act current versions history of this act. A new aboriginal heritage system for wa herbert smith. The maximum penalty is 1800 penalty units for an individual and 10,000 penalty units for a body corporate. Porthedland aboriginal sacred sitebased onthe same interpretation ofsection 5b and ask. Evolution of the act aboriginal heritage action alliance.
Aboriginal heritage act 1972 wa guidelines interaction between. Aboriginal heritage act 1972 aha need to change and new legislation is needed key themes and issues 1. Cultural heritage legislation geoscience australia. The current act is 47 years old and does not reflect developments in the legal rights and expectations of aboriginal people or contemporary standards of heritage management. This act has never been brought into operation but has not been expressly repealed. Many industry land users have expressed frustration with the uncertainty, delays and costs. 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. 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. Cultural heritage legislation aboriginal and nonaboriginal guidelines 3 o intangible phenomena, such as customs and language. Repeal the aboriginal heritage act 1972 and deliver new aboriginal heritage legislation issues. In 2011 the western australian government reformed administration of the aboriginal heritage act 1972 the act. Following consultation with the traditional custodians and relevant organisations, perth airport submitted an application under section 18 of the aboriginal heritage act 1972 to seek approval to develop, maintain and operate the new runway. Aboriginal heritage act 1972 wa guidelines aboriginal. Presentation an aboriginal heritage management plan is a written report with a standard format.
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. Od065416 aboriginal heritage act 1972 pdf 27kb applicable to. Aboriginal heritage department of planning, lands and heritage. Aboriginal sites have survived for many thousands of years but once they are damaged or destroyed they are lost forever. You are directed to a disclaimer and notice governing the information provided. An excellent submission has been prepared by the western australian chapter of the australian association of consulting. May 21, 2019 the discussion paper is the second phase of the consultation process and distils outcomes from phase one into reform proposals.
The discussion paper is the second phase of the consultation process and distils outcomes from phase one into reform proposals. This is the aboriginal cultural heritage bill 2003 as introduced into parliament. Aboriginal heritage act 1972, 18 nov 20, current, 04g005, pdf. Where an aboriginal site exists on land, consent to use or develop the land under section 18 of the aboriginal heritage act 1972 is required. Guidelines for the engagement of aboriginal heritage monitors. Damage to these sites can also result in civil penalties. The aboriginal heritage act 1975 the act is administered by the department of primary industries, parks, water and environment. All states and territories prohibit harm or damage to cultural heritage, although they differ in. Aboriginal heritage act 1972 application and traditional use part ii s. Only amendments that have commenced are incorporated. All health services contemplating any site works on land with possible aboriginal importance or significance. Aboriginal sites exist that are not recorded on the register of aboriginal sites, and some registered sites may no longer exist.
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 australia or their descendants. Western australian legislation aboriginal heritage act 1972. 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. Apart from that, the act has been effectively impliedly repealed by the aboriginal heritage act 1988 and is, consequently, treated as a historical version. Information has been received in relation to the place, but an assessment has not been completed at this stage to determine if it meets section 5 of the aboriginal heritage act 1972.