Home aboriginal heritage act 1972 subsidiary legislation. You are directed to information on how your personal information is protected. Aboriginal heritage marandoo act 1992 an act concerning the application of the aboriginal heritage act 1972 and for related purposes. The aboriginal heritage act 1972 wa uniquely placed aboriginal perspectives at the heart of assessing significance and protecting aboriginal places, alongside historical, anthropological, archaeological and ethnographic interests. Aboriginal heritage act 1972 wa guidelines aboriginal. The aboriginal heritage act of 1972 is the foremost legislation in the protection of aboriginal heritage within the western australia wa. Consent is required from the western australian minister for aboriginal affairs for any activity which will negatively impact aboriginal heritage sites. There are two circumstances when the status of a site must be determined. In relation to these amendments a search of the dia aboriginal sites register was conducted by gis auto download in september 2012. Western australian legislation aboriginal heritage act. Part 2ownership and custody of aboriginal cultural heritage. Sep 27, 2016 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. Third reading of the aboriginal cultural heritage bill 2003. Protection of indigenous cultural heritage helena and aurora range.
For reporting, the search was confirmed by the dia web based browser in october 2012. Aboriginal heritage act 1972, 18 nov 20, current, 04g005, pdf. In practice, however, archaeological and anthropological assessments have been routinely separated in. 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.
Both the environmental protection act 1986 ep act and the aboriginal heritage act 1972 ah act have the legal capacity to consider aspects of aboriginal heritage. Dunsborough is a coastal town in the south west of western australia, 254 kilometres 158 mi south of perth on the shores of geographe bay dunsborough is a popular tourist destination for western australians. Apart from that, the act has been effectively impliedly repealed by the aboriginal heritage act 1988 and is, consequently, treated as a historical version. An act to provide for the protection and preservation of the aboriginal heritage. This act has never been brought into operation but has not been expressly repealed. Section 17 of the aboriginal heritage act 1972 wa the act of western australia prohibited the destruction or damage of aboriginal sites except with the consent of the responsible state minister. 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. 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. 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. Short title this act may be cited as the aboriginal heritage act 1972 1. The aboriginal heritage act 1972 aha protects all aboriginal heritage sites in western australia, whether or not they are registered with the department.
The supreme court did not grant the injunction and did not do so on appeal. Aboriginal heritage act 1972, cultural heritage due diligence guidelines 140 appendix 10. The state of tasmania the department of premier and cabinet 2020 ver. The guidelines list criteria that will be taken into account when determining whether a place is a sacred, ritual or ceremonial site which are. Heritage act 1972 the act by maintaining the register and aboriginal sites, assess section 18 notices under the heritage act, provide support to the aboriginal cultural material committee acmc, provide advice on heritage matters, and the protection and management of aboriginal sites. Aboriginal heritage department of planning, lands and heritage. Review of the western australian aboriginal heritage act 1972. An australian aboriginal sacred site is a place deemed significant and meaningful by aboriginal australians based on their beliefs. Ymac continues to be very concerned about the proposed changes to the aboriginal heritage act 1972 wa. Review of the aboriginal heritage act 1972 wa dplh. A new aboriginal heritage system for wa herbert smith. Aboriginal and historic relics preservation act 1965.
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 aboriginal heritage act 2006 of the state of victoria, australia was enacted to provide for the protection of aboriginal cultural heritage in victoria. Presentation an aboriginal heritage management plan is a written report with a standard format. Details northern territory aboriginal sacred sites act 1989. Act does not affect operation of coroners act 2008.
Site%watch joe%dortch%and%tom%sapienza introduction. Aboriginal heritage inductions heritage advice australia. Registered sites being places assessed by the aboriginal cultural material committee acmc as meeting the criteria for section 5 of the aha. This document is from an electronic database of legislation maintained by the. 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. National trust of australia wa 156 8 5 1 s e c n e r e f e r. Aboriginal heritage act 1972 western australian legislation. 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.
Aboriginal heritage management plan for the purposes of the. Minister under section 18 of the aboriginal heritage act 1972 to use land for a purpose. Review of the aboriginal heritage act 1972 department of planning. Western australian legislation aboriginal heritage act 1972. Aboriginal heritage act 1972 wa the aboriginal heritage act 1972 provides for the recognition, protection and preservation of aboriginal sites in western australia. 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 1972 requires a register of places and objects to be maintained by the registrar of aboriginal sites. The towns location in the margaret river wine region. These inductions provide all parties you are responsible for onsite with an understanding of their legal obligations regarding aboriginal heritage, and in particular, how to prevent mitigate against any site disturbance, which both corporations and individuals can be penalised for under the aboriginal heritage act 1972. The drafting process for new aboriginal heritage legislation is underway.
The aboriginal heritage act 1972 aha protects all aboriginal heritage sites in. Ahaa question the governments deregistration of these sites in light of the supreme court decision, and asks on what basis they. The aboriginal heritage act 1972 wa,152 which is administered by the department of. Consolidated versions currency start currency end suffix download compare aboriginal heritage act 1972. The epa recognises the specialist expertise of daa in aboriginal matters and that daa has primary responsibility for considering those matters. The 31 may 2019 date for lodging a submission in response to the discussion paper is fast approaching. Example memorandum of understanding 152 appendix 11. 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.
The register is administered by the office of aboriginal affairs victoria, in some instances through delegation to registered aboriginal parties. This is the aboriginal cultural heritage bill 2003 as introduced into parliament. Consolidated versions currency start currency end suffix download. Any person with land or project development interests in wa should closely follow the course of these reforms. Among several changes, many sites ceased to be recognised as sites, and new site. It established registered aboriginal parties to act as the primary guardians, keepers and knowledge holders of aboriginal cultural heritage. Aboriginal heritage act 1972 parliament of western australia. Versions of this act includes consolidations, reprints and as passed versions subsidiary legislation made under this act current versions history of this act. M aboriginal cultural heritage assessment navin officer. Aboriginal heritage act 1972 application and traditional use part ii s. In western australia there is the aboriginal heritage act 1972. The effectiveness of the aboriginal heritage act 1972. You are directed to a disclaimer and notice governing the information provided.
In september 2014 we held an oncountry meeting at the traditional yule river meeting place for all wa aboriginal people to talk about these changes. Aboriginal heritage management plan for the purposes of. Short title this act may be cited as the aboriginal heritage marandoo act 1992 1. It may include any feature in the landscape, and in coastal areas, these may lie underwater. In particular the court concluded that the process applied was incorrect and inconsistent.
Nov 18, 20 download compare aboriginal heritage act 1972. Terms used in this act part ii application and traditional use 5. Aboriginal cultural heritage act 2003 queensland legislation. Protection of indigenous heritage in selected jurisdictions. Download the company successfully prosecuted under the aboriginal cultural heritage act 2003 pdf, 201 kb. Protection of indigenous heritage library of congress. 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. Aboriginal heritage act 1972 table of provisions long title part i preliminary 1. Reprint of the aboriginal heritage act 1972 as at 24 jun 1981 includes amendments listed above acts amendment financial administration and audit act 1985 s. The act did not expressly say whether it bound the crown, although the act provided that it applied to all places in western australia. Bropho v western australia 1990 171 clr 1 law case.
In practice, however, archaeological and anthropological assessments have been routinely separated in development surveys. It was established by and is regulated under the aboriginal heritage act 2006. Download the amendments to the aboriginal cultural heritage act 2003 and torres strait islander cultural heritage act 2003 pdf, 195 kb factsheet. Aboriginal relics preservation act 1972 and for other purposes. Consolidated version, currency start, currency end, suffix, download. 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 cultur al heritage act 2003. Incorporating the amendments proposed by the aboriginal heritage amendment bill 2014. Damage to these sites can also result in civil penalties. Only amendments that have commenced are incorporated. Application of the aboriginal heritage act 1972 lavan. Aboriginal and torres strait islander cultural heritage. Aboriginal heritage act 1972 wa various specific localities on the burrup have been declared protected places under the aboriginal heritage act 1972.
May 21, 2019 the discussion paper is the second phase of the consultation process and distils outcomes from phase one into reform proposals. 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. Assessment of aboriginal heritage gs 41 epa western australia. Section 9 of the roxby downs indenture ratification act 1982 applies this act to certain operations. The sites status is derived from an association with some aspect of social and cultural tradition, which is related to ancestral beings, collectively known as dreamtime.
Commencement this act shall come into operation on a date to be fixed by proclamation 1. In 2011 the western australian government reformed administration of the aboriginal heritage act 1972 the act. The victorian aboriginal heritage register vahr, is a list of all known aboriginal cultural heritage places in victoria, australia. 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. Blackwood river which is a registered site under the aboriginal heritage act 1972 aha. The legislation related to protecting indigenous heritage has been the subject of reforms in the past.
In march 2019, the minister for aboriginal affairs released a discussion paper outlining proposals for reforming the aboriginal heritage act 1972 wa discussion paper. Alternatively you can download the entire statement as a pdf via the. Aboriginal heritage act 1972 criminal offences apply under commonwealth and state and territory laws for unauthorised access to sacred sites. A final round of formal public consultation will be scheduled later this year, when current. They protect and manage the aboriginal cultural heritage in victoria. Aaa response to wa aboriginal heritage amendment bill 2014.
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