❓ Hon Giz Watson questions the Minister for Indigenous Affairs regarding the Hope Downs Joint Venture's failure to lodge a section 18 notice concerning Indigenous heritage sites. The Minister responds that the Department lacks the legislative power to investigate the failure to lodge such a notice.
AnsweredQoN 5997Legislative Council
QuestionView source ↗
(1) Has the Minister or her department concluded an investigation into why the Hope Downs Joint Venture did not lodge a section 18 notice in respect of the indigenous heritage sites downstream from the already operating Hope Downs water discharge point?
(2) If yes to (1), what are the conclusions?
(3) If no to (1), why not?
(4) If yes to (1), has a prosecution brief been forwarded to the State Solicitor's Office for advice?
(2) If yes to (1), what are the conclusions?
(3) If no to (1), why not?
(4) If yes to (1), has a prosecution brief been forwarded to the State Solicitor's Office for advice?
AnswerView source ↗
Answered
7 May 2008
Responded by
Minister for Local Government representing the Minister for Indigenous Affairs
Response time
56 days
The Department of Indigenous Affairs (DIA) advises:
(1) No. There is no legislative provision within the
Aboriginal Heritage Act 1972
(AHA) that enables the Department of Indigenous Affairs (DIA), or the Minister, to investigate why a section 18 notice was not lodged by a landowner. The DIA can only investigate breaches of the AHA pursuant to section 17 where certain activities are alleged to have occurred without the Minister's consent and section 55, where landowners have allegedly breached conditions set out in the Ministerial consent.
(2) - (4) Not applicable.
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(1) No. There is no legislative provision within the
Aboriginal Heritage Act 1972
(AHA) that enables the Department of Indigenous Affairs (DIA), or the Minister, to investigate why a section 18 notice was not lodged by a landowner. The DIA can only investigate breaches of the AHA pursuant to section 17 where certain activities are alleged to have occurred without the Minister's consent and section 55, where landowners have allegedly breached conditions set out in the Ministerial consent.
(2) - (4) Not applicable.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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