❓ Question regarding the mandatory nature, potential exemption, and costs associated with consultation/approval processes under the Aboriginal Heritage Act 1972 for works impacting the Swan River. The Minister confirms consultation is strongly urged but not mandatory, exemptions are not granted, and costs are negotiated between proponents and Aboriginal representatives.
AnsweredQoN 68Legislative Assembly
QuestionView source ↗
(b) is this process mandatory; (c) will the Minister give an exemption to this process; and (d) what is the cost to have this consultation and/or approval undertaken and will it entail any cash payments?
(c) will the Minister give an exemption to this process; and (d) what is the cost to have this consultation and/or approval undertaken and will it entail any cash payments?
(d) what is the cost to have this consultation and/or approval undertaken and will it entail any cash payments?
(b) Whilst there is no section of the AHA that states that a proponent must conduct consultation, they are strongly urged to do so. This is consistent with long standing practice by the Aboriginal Cultural Material Committee in respect of notices lodged with it under section 18 of the AHA. (c) No. (d) Consulting with representatives of the Aboriginal community may involve the payment of fees. This matter will need to be negotiated directly between the proponent and those Aboriginal people being consulted.
(c) No. (d) Consulting with representatives of the Aboriginal community may involve the payment of fees. This matter will need to be negotiated directly between the proponent and those Aboriginal people being consulted.
(d) Consulting with representatives of the Aboriginal community may involve the payment of fees. This matter will need to be negotiated directly between the proponent and those Aboriginal people being consulted.
(c) will the Minister give an exemption to this process; and (d) what is the cost to have this consultation and/or approval undertaken and will it entail any cash payments?
(d) what is the cost to have this consultation and/or approval undertaken and will it entail any cash payments?
(b) Whilst there is no section of the AHA that states that a proponent must conduct consultation, they are strongly urged to do so. This is consistent with long standing practice by the Aboriginal Cultural Material Committee in respect of notices lodged with it under section 18 of the AHA. (c) No. (d) Consulting with representatives of the Aboriginal community may involve the payment of fees. This matter will need to be negotiated directly between the proponent and those Aboriginal people being consulted.
(c) No. (d) Consulting with representatives of the Aboriginal community may involve the payment of fees. This matter will need to be negotiated directly between the proponent and those Aboriginal people being consulted.
(d) Consulting with representatives of the Aboriginal community may involve the payment of fees. This matter will need to be negotiated directly between the proponent and those Aboriginal people being consulted.
AnswerView source ↗
Answered
30 June 2005
Responded by
Minister for Indigenous Affairs
Response time
9 days
(a) The Swan River is a registered Aboriginal heritage site with mythological associations under the
Aboriginal Heritage Act 1972
(the AHA). As such any works which impact the bed and/or banks of the Swan River will require prior written consent from the Minister for Indigenous Affairs under the AHA in order to ensure that a breach of section 17 of the AHA does not occur. Generally, a component of obtaining consent to use the land under section 18 involves consultation with relevant representatives of the Aboriginal community who have known and/or claimed heritage knowledge of the area.
(b) Whilst there is no section of the AHA that states that a proponent must conduct consultation, they are strongly urged to do so. This is consistent with long standing practice by the Aboriginal Cultural Material Committee in respect of notices lodged with it under section 18 of the AHA.
(c) No.
(d) Consulting with representatives of the Aboriginal community may involve the payment of fees. This matter will need to be negotiated directly between the proponent and those Aboriginal people being consulted.
Aboriginal Heritage Act 1972
(the AHA). As such any works which impact the bed and/or banks of the Swan River will require prior written consent from the Minister for Indigenous Affairs under the AHA in order to ensure that a breach of section 17 of the AHA does not occur. Generally, a component of obtaining consent to use the land under section 18 involves consultation with relevant representatives of the Aboriginal community who have known and/or claimed heritage knowledge of the area.
(b) Whilst there is no section of the AHA that states that a proponent must conduct consultation, they are strongly urged to do so. This is consistent with long standing practice by the Aboriginal Cultural Material Committee in respect of notices lodged with it under section 18 of the AHA.
(c) No.
(d) Consulting with representatives of the Aboriginal community may involve the payment of fees. This matter will need to be negotiated directly between the proponent and those Aboriginal people being consulted.
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