❓ A WA parliamentary question on notice regarding the downgrading of the Aboriginal site, Newman Rock (W00312), and the Minister's response clarifying the status and definition of Aboriginal sites under the Aboriginal Heritage Act 1972.
AnsweredQoN 851Legislative Council
QuestionView source ↗
With reference to the Aboriginal site, Newman Rock (W00312) in the Norseman area, I ask: (a) is the Minister aware that a significant Aboriginal site, Newman Rock (W00312) in the Norseman area has recently been downgraded by the Department of Aboriginal Affairs (DAA) from ‘Aboriginal site’ to ‘Other Heritage Place’ on the DAA site register; (b) will the Minister state whether or not this site is still classed as an ‘Aboriginal site’ for the purposes of protection under Section 5 of the Aboriginal Heritage Act 1972 ; (c) will the Minister state the reasons for which and criteria whereby DAA downgraded this site from ‘Aboriginal Site’ to “Other Heritage Place”; (d) will the Minister state on what basis DAA decided to ignore the views of senior archaeologist Dr Moya Smith, an authority on the archaeology of the area, senior Curtin University anthropologist Dr Phillip Moore and three senior local elders in originally registering the site as an Aboriginal site under the Aboriginal Heritage Act 1972 ; (e) if no to (d), why not; (f) will the Minister table minutes of Aboriginal Cultural Material Committee discussions relating to this issue; (g) if no to (f), why not; (h) were the Minister or DAA aware before DAA downgraded the status of the Newman Rock site that it had previously been recorded as a named Aboriginal site by distinguished Austrian anthropologist and linguist Carl von Brandenstein, and by a senior Australian anthropologist in relation to native title proceedings in the Federal Court; (i) if no to (h), why not; (j) did DAA undertake any consultations with local Aboriginal custodians with knowledge of the site before deciding to downgrade it; (k) if no to (j), why not; (l) will the Minister give a clear statement of current DAA policy defining the difference between an ‘Aboriginal site’ and ‘Other Heritage Place’; (m) if no to (l), why not; (n) has the Minister sought legal advice from the Crown Solicitor or other legal advisors as to the legality under the Aboriginal Heritage Act 1972 of DAA’s newly introduced distinction between ‘Aboriginal site’ and ‘Other Heritage Place’ within the site register; (o) if no to (n), why not; (p) will the Minister table any such advice he has received; and (q) if no to (p), why not?
AnswerView source ↗
Answered
8 April 2014
Responded by
Minister for Aboriginal Affairs
Response time
28 days
(a) - (c) DAA heritage place 2877 (W00312) Norseman: Newman Rock has never been assessed as a site to which section 5 of the
Aboriginal Heritage Act 1972
applies. There has been no change to the status of DAA 2877.
(d) Whether a place is an Aboriginal site is a question of law under the
Aboriginal Heritage Act 1972
. The Aboriginal Cultural Material Committee found in 2000 that there was insufficient information to assess the place as an Aboriginal site.
(e) Not applicable.
(f) No.
(g) The Aboriginal Cultural Material Committee did not record or publish reasons for its decision.
(h) There has been no change to the status of DAA 2877. The provisions of the
Native Title Act 1993
(Commonwealth) have no relevance in assessing whether the
Aboriginal Heritage Act 1972
applies to a place by operation of section 5.
(i) Refer to question (a).
(j) - (k) Not applicable.
(l) An 'Aboriginal site' is defined in section 4 of the
Aboriginal Heritage Act 1972
as "a place to which this Act applies by operation of section 5". An 'Aboriginal site' may be entered on the Register.
'Other heritage places' is an administrative term used to capture information submitted to the Department of Aboriginal Affairs, regarding:
· a place awaiting assessment;
· a place assessed as not being an Aboriginal site; or
· a place on which the information is insufficient to warrant assessment.
An 'other heritage place' is not an entry in the Register, but the information about the place is kept in a database for reference.
(m) Not applicable.
(n) No.
(o) The distinction between an Aboriginal site and other heritage places clarifies Register entries from places that do not meet section 5 of the
Aboriginal Heritage Act 1972
, or have not yet been assessed. There is no requirement for legal advice.
(p) - (q) Not applicable.
Aboriginal Heritage Act 1972
applies. There has been no change to the status of DAA 2877.
(d) Whether a place is an Aboriginal site is a question of law under the
Aboriginal Heritage Act 1972
. The Aboriginal Cultural Material Committee found in 2000 that there was insufficient information to assess the place as an Aboriginal site.
(e) Not applicable.
(f) No.
(g) The Aboriginal Cultural Material Committee did not record or publish reasons for its decision.
(h) There has been no change to the status of DAA 2877. The provisions of the
Native Title Act 1993
(Commonwealth) have no relevance in assessing whether the
Aboriginal Heritage Act 1972
applies to a place by operation of section 5.
(i) Refer to question (a).
(j) - (k) Not applicable.
(l) An 'Aboriginal site' is defined in section 4 of the
Aboriginal Heritage Act 1972
as "a place to which this Act applies by operation of section 5". An 'Aboriginal site' may be entered on the Register.
'Other heritage places' is an administrative term used to capture information submitted to the Department of Aboriginal Affairs, regarding:
· a place awaiting assessment;
· a place assessed as not being an Aboriginal site; or
· a place on which the information is insufficient to warrant assessment.
An 'other heritage place' is not an entry in the Register, but the information about the place is kept in a database for reference.
(m) Not applicable.
(n) No.
(o) The distinction between an Aboriginal site and other heritage places clarifies Register entries from places that do not meet section 5 of the
Aboriginal Heritage Act 1972
, or have not yet been assessed. There is no requirement for legal advice.
(p) - (q) Not applicable.
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