❓ Ms. Davies questions the Minister about the impact of the new Aboriginal Cultural Heritage Act on existing Indigenous land use and heritage agreements, particularly regarding potential work stoppages for new surveys. The Minister clarifies the continuation of approvals granted under section 18, dependent on the approval date.
AnsweredQoN 434Legislative Assembly
QuestionView source ↗
ABORIGINAL CULTURAL HERITAGE ACT — EXISTING
AGREEMENTS
434. Ms M.J. DAVIES to the Minister for Aboriginal Affairs:
I
refer to the minister's response to questions during budget estimates
on the implementation of the Aboriginal Cultural Heritage Act,
specifically with regard to existing agreements.
(1) With less
than two weeks before the act commences, can the minister advise what impact,
if any, the new act will have on the
operation of existing Indigenous land use agreements and standard heritage
agreements?
(2) Will project
proponents with existing agreements need to stop work while new surveys are
completed and agreements are reached?
AGREEMENTS
434. Ms M.J. DAVIES to the Minister for Aboriginal Affairs:
I
refer to the minister's response to questions during budget estimates
on the implementation of the Aboriginal Cultural Heritage Act,
specifically with regard to existing agreements.
(1) With less
than two weeks before the act commences, can the minister advise what impact,
if any, the new act will have on the
operation of existing Indigenous land use agreements and standard heritage
agreements?
(2) Will project
proponents with existing agreements need to stop work while new surveys are
completed and agreements are reached?
AnswerView source ↗
(1)–(2) If prior approval had been granted under section 18,
they will continue. If the approval was granted after the passage of the act in December 2021, it is a five-year period.
If it was prior to that, it is a 10-year period. Each individual
Indigenous land use agreement would depend on the specific circumstances. Those
ILUAs were agreed to by Aboriginal people and others, and that will continue to
happen under the new act. The new act is all about facilitating communication
and dialogue between users, landowners and Aboriginal groups.
they will continue. If the approval was granted after the passage of the act in December 2021, it is a five-year period.
If it was prior to that, it is a 10-year period. Each individual
Indigenous land use agreement would depend on the specific circumstances. Those
ILUAs were agreed to by Aboriginal people and others, and that will continue to
happen under the new act. The new act is all about facilitating communication
and dialogue between users, landowners and Aboriginal groups.
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