❓ Hon Neil Thomson questions the Minister for Aboriginal Affairs regarding the increase in prosecutions under the Aboriginal Heritage Act, seeking details on convictions, fines, and ministerial direction. The Minister responds, providing data on convictions and denying any direction for a more litigious approach.
AnsweredQoN 664Legislative Council
QuestionView source ↗
ABORIGINAL HERITAGE ACT —
PROSECUTIONS
664. Hon NEIL THOMSON to the Leader of the House representing the
Minister for Aboriginal Affairs:
I
refer to question without notice 640 asked on 30 May 2024, and note that from
2008 to 2017 there was only one prosecution under the Aboriginal
Heritage Act and that under this government there have been 14 prosecutions and
11 convictions.
(1) Of the 11 convictions —
(a) how many were resource companies
or other corporations;
(b) how many were
home owners, including those on rural properties;
(c) how many resulted in a fine only;
(d) what was the total value of the
fines; and
(e) how many have resulted in a prison
sentence?
(2) Has there
been any direction by the minister to the director general, either in writing
or verbally, to take a more litigious approach to breaches of the act?
(3) What efforts has the department
made to inform landowners of their obligations under the law?
PROSECUTIONS
664. Hon NEIL THOMSON to the Leader of the House representing the
Minister for Aboriginal Affairs:
I
refer to question without notice 640 asked on 30 May 2024, and note that from
2008 to 2017 there was only one prosecution under the Aboriginal
Heritage Act and that under this government there have been 14 prosecutions and
11 convictions.
(1) Of the 11 convictions —
(a) how many were resource companies
or other corporations;
(b) how many were
home owners, including those on rural properties;
(c) how many resulted in a fine only;
(d) what was the total value of the
fines; and
(e) how many have resulted in a prison
sentence?
(2) Has there
been any direction by the minister to the director general, either in writing
or verbally, to take a more litigious approach to breaches of the act?
(3) What efforts has the department
made to inform landowners of their obligations under the law?
AnswerView source ↗
I thank the honourable member for
some notice of the question.
(1) (a) Of the 14
prosecutions, 11 of which were convictions, 10 were resources companies or
other corporations.
(b) There were four.
(c) There were 11.
(d) It is $81 170.
(e) Nil.
(2) No.
(3) The public
and political debate regarding the Aboriginal Cultural Heritage Act 2021 and
the amending and reinstating of the Aboriginal Heritage Act 1972 created a much
broader awareness of the importance of Aboriginal heritage and the obligations
of landowners and proponents. The Department of Planning, Lands and Heritage
has published a consultation policy and section 18 guidelines on its website to
advise landowners of their obligations under the 1972 act. The department
continues to engage with key industry and community stakeholders.
some notice of the question.
(1) (a) Of the 14
prosecutions, 11 of which were convictions, 10 were resources companies or
other corporations.
(b) There were four.
(c) There were 11.
(d) It is $81 170.
(e) Nil.
(2) No.
(3) The public
and political debate regarding the Aboriginal Cultural Heritage Act 2021 and
the amending and reinstating of the Aboriginal Heritage Act 1972 created a much
broader awareness of the importance of Aboriginal heritage and the obligations
of landowners and proponents. The Department of Planning, Lands and Heritage
has published a consultation policy and section 18 guidelines on its website to
advise landowners of their obligations under the 1972 act. The department
continues to engage with key industry and community stakeholders.
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