Aboriginal heritage risk assessment alira form mainroadk western australi the purpose of this form is to identify the risk a project has to impact aboriginal heritage sites as defined by the aboriginal heritage act 1972 aha. The aboriginal heritage act 1975 the act is administered by the department of primary industries, parks, water and environment. Aboriginal sites have survived for many thousands of years but once they are damaged or destroyed they are lost forever. 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 parliament of western australia. The aboriginal heritage act 1972 aha protects all aboriginal heritage sites in western australia, whether or not they are registered with the department. Aboriginal lands trust the aboriginal lands trust alt is a statutory board convened under the aboriginal affairs planning authority act 1972. Section 9 of the roxby downs indenture ratification act 1982 applies this act to certain operations. Aboriginal communities department of planning lands heritage. Apart from that, the act has been effectively impliedly repealed by the aboriginal heritage act 1988 and is, consequently, treated as a historical version.
Aboriginal people are frustrated by the system that is failing to protect their heritage places, and the commercial sector is frustrated about the high costs and risks associated with trying to comply with the aboriginal heritage act 1972 the aha. Protection of indigenous heritage in selected jurisdictions. Aboriginal heritage act 1972 wa in western australia, the aboriginal heritage act 1972 is the key piece of legislation dealing with aboriginal heritage. 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. Porthedland aboriginal sacred sitebased onthe same interpretation ofsection 5b and ask. Ahaa question the governments deregistration of these sites in light of the supreme court decision, and asks on what basis they. Department of aboriginal affairs, aboriginal, australian indigenous, aboriginal heritage act 1972, aboriginal cultural material committee.
Only amendments that have commenced are incorporated. The drafting process for new aboriginal heritage legislation is underway. 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. If a decision is to be made under the aboriginal heritage act 1972 act that will, or is likely to, affect the rights and existing interests of a person or corporation then, prior to any decision being made, the department of aboriginal affairs daa will aim to ensure the personcorporation is given a fair hearing. The maximum penalty is 1800 penalty units for an individual and 10,000 penalty units for a body corporate. Aboriginal land custodianship is intertwined with strong religious beliefs, powerful mythologies and ties to the land. Cultural heritage legislation aboriginal and non aboriginal guidelines 4 federal environment protection and biodiversity conservation act 19995 what must you do or not do.
Since the enactment of the victorian aboriginal heritage legislation, 1987 a generational shift. Introduction to the aboriginal and torres strait islander. The aboriginal heritage act 2006includes substantial penalties to provide an effective deterrent against harming aboriginal cultural heritage. 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. Under the aboriginal heritage act 1972 wa hereinafter the act all sites that aboriginal people consider important can be identified and protected. This act has never been brought into operation but has not been expressly repealed. Aboriginal heritage marandoo act 1992 an act concerning the application of the aboriginal heritage act 1972 and for related purposes. 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. 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 act 1972 contents part i preliminary 1. 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. The changes are mostly aimed at speeding up approvals processes for industry, and do. Guidelines for the engagement of aboriginal heritage monitors.
Your heritage enquiry is on land within or adjacent to the following indigenous land use agreements. Aboriginal heritage surveys anthropos australis wa pty ltd. 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. Australia attachment iii aboriginal site management plan nsw 27. Aboriginal heritage department of planning, lands and heritage. Terms used in this act 2 part ii application and traditional use 5. Disturbance of sites, without ministerial consent, is prohibited. The aboriginal heritage act 1972 aha wa state legislation protect and preserve aboriginal heritage responsibility of land owner to report any findings aboriginal cultural material committee advises the minister relating to aboriginal heritage s. Submission on proposals for regulations and amendments to. Site%watch joe%dortch%and%tom%sapienza introduction. Introduction to the aboriginal and torres strait islander heritage protection act 7 section 10 protection for an area, or both, or protection for an object section 12.
The long title for the bill was to provide for the protection of aboriginal cultural heritage in victoria, to repeal the archaeological and aboriginal relics preservation act 1972 and for other purposes. The effectiveness of the aboriginal heritage act 1972. Westralia airports corporation, the operator of perth airport, today pleaded guilty in the perth magistrates court to one charge of breaching section 17 of the aboriginal heritage act. Aboriginal heritage act 1972 table of provisions long title part i preliminary 1. Aboriginal sites exist that are not recorded on the register of aboriginal sites, and some registered sites may no longer exist. A series of maps available as downloadable pdf files showing the location of the aboriginal lands trust estate, aboriginal communities and layout plan mapsets. Terms used in this act part ii application and traditional use 5. All health services contemplating any site works on land with possible aboriginal. Western australian legislation aboriginal heritage act 1972. 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. You are directed to a disclaimer and notice governing the information provided. An indigenous perspective on proposed changes to the. Review of the aboriginal heritage act 1972 department of.
Aboriginal sites exist that are not recorded on the register of aboriginal. Aboriginal heritage act 1972 wa the aboriginal heritage act 1972 provides for the recognition, protection and preservation of aboriginal sites in western australia. Aboriginal heritage surveys are conducted in order to identify places in the landscape which contain or embody aboriginal heritage values, not just sites. Review of the aboriginal heritage act 1972 wa dplh. 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. The state of tasmania the department of premier and cabinet 2020 ver. Consolidated version currency start currency end suffix download. Traditional custodians 6 part iii administration 10. Some indigenous stone arrangements in the south of western. 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. Versions of this act includes consolidations, reprints and as passed versions. This document is from an electronic database of legislation maintained by the. This protection was granted on the basis of significant aboriginal heritage sites, including a large number of rock engravings. Aboriginal heritage act 1972 wa guidelines aboriginal. Aboriginal heritage act 1972 western australian legislation.
Victorian aboriginal heritage, act, 2006 which replaced the 1987 victorian aboriginal heritage act, 1987 and amendments, 2011, 2016 cited in this paper as aha, 2006. 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. Aboriginal heritage means the aboriginal site or objects as defined in sections 5 and 6 of the aboriginal heritage act 1972 wa aha. Review of the western australian aboriginal heritage act 1972.
A final round of formal public consultation will be scheduled later this year, when current. 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. Aboriginal heritage act 1972 wa guidelines interaction between. Many values may be, but are not always contained within sites, which are protected by the aboriginal heritage act 1972. The aboriginal heritage act 1972 provides for the recognition, protection and preservation of aboriginal sites in western australia. Aboriginal heritage department of planning, lands and. Incorporating the amendments proposed by the aboriginal heritage amendment bill 2014. 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. Western australia administers the aboriginal heritage act 1972 wa and maintains a register of aboriginal sites. The aboriginal heritage act of 1972 is the foremost legislation in the. Alloftheseinvalidchangeswould havecausedconcernforstakeholdersandfor.
Short title this act may be cited as the aboriginal heritage marandoo act 1992 1. The risk assessment is based on the department of planning, lands and heritage dplh. Subsidiary legislation made under this act current versions. 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. 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. The recommended changes to the aboriginal heritage act l972 the act is a cynical and mean. Commencement this act shall come into operation on the day on which it receives the royal assent 1. If aboriginal heritage values have been identified within a clearing permit application area, it is the applicants responsibility to ensure that their obligations under the aboriginal heritage act 1972 are met. Approval for impacts to heritage is governed by the state aboriginal heritage act 1972. The draft guidelines for aboriginal heritage assessment in western australia 1994 suggest under section 2 ethnographic reporting requirements. Dia staff have liaised with mr warren fish, heritage manager, wel and conducted on the ground inspections of pluto site a to ensure that works being undertaken comply with the conditions set by the minister for indigenous affairs in accordance with section 18 of the aboriginal heritage act 1972. You are directed to information on how your personal information is protected. Aboriginal heritage act 1972, 18 nov 20, current, 04g005, pdf. Aboriginal heritage risk matrix means the matrix contained in schedule 2 of the aboriginal.