Home aboriginal heritage act 1972 subsidiary legislation. Wa government to proceed with controversial changes to. The wa division of the eianz is pleased to have this opportunity to provide feedback to the wa government on its consultation paper. Aboriginal heritage act 1972 parliament of western australia. 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. 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. Wa government forced to reassesses contested aboriginal.
This document is from an electronic database of legislation maintained by the. Media statements feedback on aboriginal heritage act reform. Consolidated version, currency start, currency end, suffix, download. The drafting process for new aboriginal heritage legislation is underway. Penalties will remain weak while the determination of the significance of heritage rests upon nonaboriginal notions of value and significance. The aboriginal heritage act 1972 the act makes provision for the preservation of places and objects customarily used by, or traditional to, the original. 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. Incorporating the amendments proposed by the aboriginal heritage amendment bill 2014.
Legislation and heritage protections heritage heritage. Western australian legislation aboriginal heritage act 1972. This legislation is affected by amending provisions that have not yet come into operation or taken effect. 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. Review of the aboriginal heritage act 1972 wa dplh. Aboriginal heritage act 1972, 18 nov 20, current, 04g005, pdf. The aboriginal heritage act 1972 aha protects all aboriginal heritage sites in. 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. 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.
The aboriginal heritage act 1972 requires a register of places and objects to be maintained by the registrar of aboriginal sites. The supreme court in robinson v fielding 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 aboriginal site in the aha this decision had the effect of contradicting an approach which registrar of aboriginal sites. 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. Information technology and indigenous communities aiatsis. Short title this act may be cited as the aboriginal heritage act 1972 1. Often, a sense of history and age may contribute to the significance of a place or object.
The legislative history at the back of the act provides detail about the past and. Proposed changes to south australias aboriginal heritage act, introduced into parliament recently, will reduce powers of traditional owners, according to indigenous groups. The aboriginal heritage act 2006 of the state of victoria, australia was enacted to provide for the protection of aboriginal cultural heritage in victoria. A final round of formal public consultation will be scheduled later this year, when current. From the 1880s aboriginal people in western australia, including children, were controlled by specific protection acts.
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. Review of the aboriginal heritage act 1972 department of. Application of the aboriginal heritage act 1972 lavan. 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 evolution of joint management in western australia parks and. We are continuing to develop and evolve our approach to customers. Aboriginal heritage management plan for the purposes of the. The effectiveness of the aboriginal heritage act 1972. 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. 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. Western australian legislation aboriginal heritage act. Aboriginal heritage act changes give traditional owners.
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. Legislative shortcomings hindering aboriginal cultural. The state of tasmania the department of premier and cabinet 2020 ver. 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. It established registered aboriginal parties to act as the primary guardians, keepers and knowledge holders of aboriginal cultural heritage. Indigenous heritage can be protected under state or territory heritage laws to varying degrees. Aboriginal heritage act 1972 western australian legislation. You are directed to a disclaimer and notice governing the information provided.
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. Only amendments that have commenced are incorporated. Presentation an aboriginal heritage management plan is a written report with a standard format. 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. In particular the court concluded that the process applied was incorrect and inconsistent. This act may be cited as the aboriginal heritage act 1972 1.
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. 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. You are directed to information on how your personal information is protected. 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. Legislative shortcomings hindering aboriginal cultural heritage protection. Aboriginal heritage act 1972 table of provisions long title part i preliminary 1. Commencement this act shall come into operation on a date to be fixed by proclamation 1. 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.
See more information on the act s ngunnawal heritage here. You may print or download one copy of this document for the purpose. A person was not admitted to a reserve unless entitled under this act to reside there. Aboriginal heritage act 1972 wa guidelines aboriginal. Aboriginal heritage act 1972 application and traditional use part ii s. The act applies to any aboriginal site, as defined. 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. 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. 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. The world heritage convention has been ratified agreed to by 185 countries. 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. 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.
Interpretation in this act, unless the context requires otherwise, aboriginal means pertaining to the original inhabitants of. They protect and manage the aboriginal cultural heritage in victoria. Versions of this act includes consolidations, reprints and as passed versions subsidiary legislation made under this act current versions history of this act. Penalties will remain weak while the determination of the significance of heritage rests upon non aboriginal notions of value and significance. Nov 18, 20 download compare aboriginal heritage act 1972. Was newlook aboriginal heritage policy and the assessment. In this issue, we discuss the outcomes of the oncountry bush meeting at yule river this year.
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. Act binds crown part 2administration division 1general 5. Terms used in this act part ii application and traditional use 5. The state heritage register is a listing of items places, buildings, works, relics, moveable objects, precincts or land of state heritage value. There are two circumstances when the status of a site must be determined. As you know, the wa government has released proposed amendments to the aboriginal heritage act 1972. 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. 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. Refind renren sina weibo sitejot skype slashdot sms stocktwits svejo symbaloo. Aboriginal heritage act 1972, which is curtailed in some places. 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. Feb 18, 2015 aboriginal heritage amendment bill 2014. Protection under state and territory laws department of agriculture. Review of the western australian aboriginal heritage act 1972.
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. Jammu and kashmir heritage conservation and preservation act, 2010. The act also allows a maximum of one chapter or 10 per cent of this book. Aboriginal land custodianship is intertwined with strong religious beliefs, powerful mythologies and ties to the land. Aboriginal heritage department of planning, lands and heritage. This act has never been brought into operation but has not been expressly repealed. 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. 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.
Porthedland aboriginal sacred sitebased onthe same interpretation ofsection 5b and ask. Aboriginal heritage act 1975 you are directed to information on how your personal information is protected. Apart from that, the act has been effectively impliedly repealed by the aboriginal heritage act 1988 and is, consequently, treated as a historical version. 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 management plan for the purposes of. Aboriginal heritage act 1988 table of provisions long title part 1preliminary 1. 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. Ymac is very concerned about proposed changes to the aboriginal heritage act 1972 wa. 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. 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. 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.
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