Burials are highly significant to aboriginal and torres strait islander people and it is important not to interfere with human remains. Interpretation in this act, unless the context requires otherwise, aboriginal means pertaining to the original inhabitants of. First act that focused on aboriginal cultural heritage. Western australian legislation aboriginal heritage act. Commencement this act shall come into operation on a date to be fixed by proclamation 1. Aboriginal heritage department of planning, lands and heritage. Protection of indigenous heritage library of congress. This act has never been brought into operation but has not been expressly repealed.
Aboriginal heritage act 1972 wa the aboriginal heritage act 1972 provides for the recognition, protection and preservation of aboriginal sites in western australia. Sep 22, 2016 the aboriginal and torres strait islander heritage protection act 1984 cth applies where nt laws or state laws or actions under those laws, in the opinion of the commonwealth minister for indigenous affairs, have not adequately protected sites and objects of particular significance to aborigines under aboriginal tradition. As you know, the wa government has released proposed amendments to the aboriginal heritage act 1972. Aboriginal heritage act 1975 you are directed to information on how your personal information is protected.
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. Review of the western australian aboriginal heritage act 1972. Although the city is relatively young, we have many heritage places or objects on the act heritage register, including aboriginal, rural, historic and iconic canberra places and objects. Its long title was an act to make provision for the establishment of an aboriginal affairs planning authority, a commissioner for aboriginal planning and an aboriginal affairs advisory council for the purpose of providing consultative and other services and for. Subsidiary legislation made under this act current versions. The atsihp act allows the environment minister, on the application of an aboriginal person or group of persons, to make a declaration to protect an area, object or class of. 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.
This act automatically applies to places and objects which are important to aboriginal culture in western australia. 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. Aboriginal sacred sites act 1989 heritage conservation act 1991. It was established by and is regulated under the aboriginal heritage act 2006. The wa division of the eianz is pleased to have this opportunity to provide feedback to the wa government on its consultation paper. 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. It established registered aboriginal parties to act as the primary guardians, keepers and knowledge holders of aboriginal cultural heritage. 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. Aboriginal cultural heritage act 2003 torres strait islander cultural heritage act 2003.
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. 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. A national first for aboriginal heritage protection. This document is from an electronic database of legislation maintained by the. The legislation related to protecting indigenous heritage has been the subject of. 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. 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 aboriginal heritage act 1972 aha is a law in the state of western australia governing the protection of aboriginal cultural sites. The effectiveness of the aboriginal heritage act 1972. 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. Department of agriculture, water and the environment. List of abbreviations viviii executive overview ixxix l. The act makes it an offence to damage an aboriginal place or object without approval. Aboriginal heritage act 1972, 18 nov 20, current, 04g005, pdf.
The aboriginal affairs planning authority act 1972 act no. Aboriginal heritage act 1972 application and traditional use part ii s. Section 4 of the act allows the province to enter into a formal agreement with a first nation with respect to the conservation and protection of heritage sites and heritage objects that represent the cultural heritage of the aboriginal people who are represented by that first nation. Legislative shortcomings hindering aboriginal cultural. Heritage act 1977 national parks and wildlife amendment aboriginal ownership act 1996. Terms used in this act part ii application and traditional use 5.
The purpose of this bill is to amend the aboriginal heritage act 1972 in order to. The aboriginal heritage act 1972 requires a register of places and objects to be maintained by the registrar of aboriginal sites. The aboriginal affairs planning authority act, 1972. Section 9 of the roxby downs indenture ratification act 1982 applies this act to certain operations. All burials in queensland are regulated under the criminal code act 1899, coroners act 2003, aboriginal cultural heritage act 2003, torres strait islander cultural heritage act 2003, and local government bylaws. Feb 18, 2015 aboriginal heritage amendment bill 2014. Aboriginal affairs planning authority act 1972 summary. 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. A range of laws applying to or of specific relevance to indigenous australians. Aaa response to wa aboriginal heritage amendment bill 2014.
Aboriginal land custodianship is intertwined with strong religious beliefs, powerful mythologies and ties to the land. 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. The act heritage council the council has prepared a flowchart outlining the heritage listing process. Protection under state and territory laws department of agriculture. The aboriginal heritage act of 1972 is the foremost legislation in the protection of aboriginal heritage within the western australia wa. In this issue, we discuss the outcomes of the oncountry bush meeting at yule river this year. Dplh is also responsible for administering the aboriginal heritage act 1972. A person was not admitted to a reserve unless entitled under this act to reside there. The drafting process for new aboriginal heritage legislation is underway. Alternatively you can download the entire statement as a pdf via the following link. Establishment of aboriginal lands trust and advisory council. Often, a sense of history and age may contribute to the significance of a place or object. Penalties will remain weak while the determination of the significance of heritage rests upon non aboriginal notions of value and significance. The act did not expressly say whether it bound the crown, although the act provided that it applied to all places in western australia.
Review of the aboriginal heritage act 1972 report outline page no. Penalties will remain weak while the determination of the significance of heritage rests upon nonaboriginal notions of value and significance. 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. A final round of formal public consultation will be scheduled later this year, when current. This legislation is affected by amending provisions that have not yet come into operation or taken effect. 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 sites department of planning, lands and heritage.
Ahaa question the governments deregistration of these sites in light of the supreme court decision, and asks on what basis they. Jan 11, 2017 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 law protects all aboriginal heritage sites in western australia, whether or not they are registered with the department of planning, lands, and heritage. 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.
Human remains department of aboriginal and torres strait. Indigenous heritage can be protected under state or territory heritage laws to varying degrees. Thank you for providing an opportunity to offer feedback on the proposed legislative changes to the aboriginal heritage act 1972. 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. Consolidated version, currency start, currency end, suffix, download. Aboriginal heritage management plan for the purposes of. Legislative shortcomings hindering aboriginal cultural heritage protection. See more information on the act s ngunnawal heritage here. An indigenous perspective on proposed changes to the.
Heritage environment, planning and sustainable development. 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. A number of laws have been passed since the european settlement of australia, initially by the parliament of the united kingdom, then by the governors or legislature of each of the australian colonies and more recently by the parliament of australia and that of each of its states and territories, these laws. Porthedland aboriginal sacred sitebased onthe same interpretation ofsection 5b and ask. Only amendments that have commenced are incorporated. The aboriginal heritage act 1972 wa,152 which is administered by the. Response by the australian archaeological association to the aboriginal heritage amendment bill 2014. The victorian aboriginal heritage register vahr, is a list of all known aboriginal cultural heritage places in victoria, australia. Aboriginal heritage act 1972 western australian legislation. Wa government to proceed with controversial changes to.
According to section 5 of the act, an aboriginal site is. Legal definition of aboriginal extended to someone who identifies as aboriginal and is accepted by the community as such. Review of the aboriginal heritage act 1972 wa dplh. The state of tasmania the department of premier and cabinet 2020 ver.
The register is administered by the office of aboriginal affairs victoria, in some instances through delegation to registered aboriginal parties. Ymac is very concerned about proposed changes to the aboriginal heritage act 1972 wa. The aboriginal and torres strait islander heritage protection act 1984 atsihp act can protect areas and objects that are of particular significance to aboriginal people. Media statements feedback on aboriginal heritage act reform. 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.
The aboriginal heritage act 2006 of the state of victoria, australia was enacted to provide for the protection of aboriginal cultural heritage in victoria. List of laws concerning indigenous australians wikipedia. Aboriginal heritage amendment bill 2014 progress of bills. 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. Versions of this act includes consolidations, reprints and as passed versions.
Aboriginal communities act 1979 an act to assist certain aboriginal communities to manage and control their community lands and for related purposes. In mid to late 2017, datsip undertook an analysis of all submissions and commenced the development of a status report to inform stakeholders of the issues affecting the development of the draft model. Western australian legislation aboriginal heritage act 1972. The aboriginal heritage act 1972 wa, which is administered by the department of planning, lands and heritage, protects all aboriginal heritage sites in western australia, whether or not they are registered with the department. Aboriginal heritage act 1972 wa guidelines aboriginal. Consolidated version currency start currency end suffix download. They protect and manage the aboriginal cultural heritage in victoria. Indigenous heritage laws department of agriculture. There are two circumstances when the status of a site must be determined. Short title this act may be cited as the aboriginal communities act 1979 1. Aboriginal heritage act 1972 table of provisions long title part i preliminary 1. 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.
Apart from that, the act has been effectively impliedly repealed by the aboriginal heritage act 1988 and is, consequently, treated as a historical version. Indigenous heritage laws department of agriculture, water. The department also maintains the register of aboriginal sites. Index table search search this act notes noteup previous next download help. It also provides protection for aboriginal objects, including ceremonial objects, precolonial material, and. Aboriginallandnativetitleandheritage ntlawhbk austlii. This act may be cited as the aboriginal heritage act 1972 1. Heritage in the act environment, planning and sustainable. Review of the aboriginal heritage act 1972 department of. 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. Application of the aboriginal heritage act 1972 lavan. 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.
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