❓ Hon. Colin de Grussa questions the Minister for Aboriginal Affairs regarding the readiness for the Aboriginal Cultural Heritage Act 2021 commencement, particularly concerning administrative elements and potential financial losses for businesses. The Minister assures readiness and clarifies the Act's impact.
AnsweredQoN 599Legislative Council
QuestionView source ↗
ABORIGINAL CULTURAL
HERITAGE ACT
599. Hon COLIN de GRUSSA to the Leader of the House representing the
Minister for Aboriginal Affairs:
I refer to the minister's
refusal to delay the 1 July 2023 commencement of the Aboriginal Cultural
Heritage Act 2021.
(1) Is the
minister aware that many of the critical administrative elements required by
landowners to ensure compliance with the act will not be in place until 1 July
2023 or after?
(2) If yes, why is the minister refusing to delay the
commencement of the act?
(3) Will the
state government consider providing financial compensation to those businesses
that incur losses as a direct result of the implementation of the ACH?
HERITAGE ACT
599. Hon COLIN de GRUSSA to the Leader of the House representing the
Minister for Aboriginal Affairs:
I refer to the minister's
refusal to delay the 1 July 2023 commencement of the Aboriginal Cultural
Heritage Act 2021.
(1) Is the
minister aware that many of the critical administrative elements required by
landowners to ensure compliance with the act will not be in place until 1 July
2023 or after?
(2) If yes, why is the minister refusing to delay the
commencement of the act?
(3) Will the
state government consider providing financial compensation to those businesses
that incur losses as a direct result of the implementation of the ACH?
AnswerView source ↗
I thank the honourable member for some notice of the
question.
(1)–(3)
All the critical administrative elements required by landowners to ensure
compliance with the new act, including regulations, statutory guidelines,
supporting guidelines and the new information and communications technology
system will be in place for 1 July 2023. The new act is not imposing any new
obligation to seek an authorisation where there is a risk of harm to Aboriginal
cultural heritage. This requirement already exists. I will just repeat that:
this requirement already exists under section 18 of the current Aboriginal
Heritage Act 1972. Where there may be an impact to Aboriginal cultural
heritage, the need for approval does not change. Where there will be no impact,
no approval is required. The new act includes a range of exempt activities that
do not exist under the AHA.
question.
(1)–(3)
All the critical administrative elements required by landowners to ensure
compliance with the new act, including regulations, statutory guidelines,
supporting guidelines and the new information and communications technology
system will be in place for 1 July 2023. The new act is not imposing any new
obligation to seek an authorisation where there is a risk of harm to Aboriginal
cultural heritage. This requirement already exists. I will just repeat that:
this requirement already exists under section 18 of the current Aboriginal
Heritage Act 1972. Where there may be an impact to Aboriginal cultural
heritage, the need for approval does not change. Where there will be no impact,
no approval is required. The new act includes a range of exempt activities that
do not exist under the AHA.
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