❓ A WA parliamentary question probes the Department of Indigenous Affairs' handling of Aboriginal heritage site 23323 on the Burrup Peninsula, specifically regarding consultation processes and the implementation of the Aboriginal Cultural Material Committee's (ACMC) decisions. The response indicates a project is underway to map the site's cultural heritage values.
AnsweredQoN 5737Legislative Council
QuestionView source ↗
I refer to Aboriginal interim registered heritage site 23323, Burrup Peninsula, Murujuga and question on notice No. 5024, and I ask —
(1) Why were the Aboriginal parties to the Burrup Maitland Industrial Estates Agreement not consulted with by staff of the Department of Indigenous Affairs (DIA) in respect of the Aboriginal Cultural Material Committee (ACMC) decision (question on notice No. 5024 (4)) when in answer to question on notice No. 5024 (10-12) the DIA initiated briefings with the Department of State Development, Dampier Port Authority and other industry?
(2) Is it the role of the DIA or the Registrar to seek further input from Government and industry about a decision of the ACMC after a decision has been reached?
(3) If yes to (2), will the Minister identify which section of the
Aboriginal Heritage Act
1972
gives the powers to the DIA or the Registrar to not implement the ACMC's decision and await further input from Government and industry before formalising the ACMC's decision?
(4) What was the basis for the DIA or the Registrar concluding that there was 'insufficient information' when the ACMC had concluded that there was sufficient information?
(5) Does site 23323 still retain the status of 'insufficient information'?
(6) If yes to (5), what is the nature of the 'insufficient information'?
(7) If yes to (5), when does the Minister consider that the DIA or the Registrar will have sufficient information?
(8) Was the ACMC advised by the DIA or Registrar that they had not actioned the decision of the ACMC in respect of their findings in respect of site 23323?
(9) If yes to (8), on what date did this occur?
(10) If no to (8), why not?
(11) If no to (8), when will the ACMC be advised?
(12) In respect of site 23323, was the ACMC required to consult with Government and industry landholders prior to making a decision in respect of that site?
(13) If no to (12), why not?
(14) If yes to (12), why?
(15) Did the ACMC receive any information from government and industry landholders prior to making their decision in respect of site 23323?
(16) If yes to (15), which Government or industry landholders provided that information?
(1) Why were the Aboriginal parties to the Burrup Maitland Industrial Estates Agreement not consulted with by staff of the Department of Indigenous Affairs (DIA) in respect of the Aboriginal Cultural Material Committee (ACMC) decision (question on notice No. 5024 (4)) when in answer to question on notice No. 5024 (10-12) the DIA initiated briefings with the Department of State Development, Dampier Port Authority and other industry?
(2) Is it the role of the DIA or the Registrar to seek further input from Government and industry about a decision of the ACMC after a decision has been reached?
(3) If yes to (2), will the Minister identify which section of the
Aboriginal Heritage Act
1972
gives the powers to the DIA or the Registrar to not implement the ACMC's decision and await further input from Government and industry before formalising the ACMC's decision?
(4) What was the basis for the DIA or the Registrar concluding that there was 'insufficient information' when the ACMC had concluded that there was sufficient information?
(5) Does site 23323 still retain the status of 'insufficient information'?
(6) If yes to (5), what is the nature of the 'insufficient information'?
(7) If yes to (5), when does the Minister consider that the DIA or the Registrar will have sufficient information?
(8) Was the ACMC advised by the DIA or Registrar that they had not actioned the decision of the ACMC in respect of their findings in respect of site 23323?
(9) If yes to (8), on what date did this occur?
(10) If no to (8), why not?
(11) If no to (8), when will the ACMC be advised?
(12) In respect of site 23323, was the ACMC required to consult with Government and industry landholders prior to making a decision in respect of that site?
(13) If no to (12), why not?
(14) If yes to (12), why?
(15) Did the ACMC receive any information from government and industry landholders prior to making their decision in respect of site 23323?
(16) If yes to (15), which Government or industry landholders provided that information?
AnswerView source ↗
Answered
14 August 2012
Responded by
Minister for Indigenous Affairs
Response time
56 days
(1) The Department of Indigenous Affairs (DIA) was of the view that consultation with traditional custodians was appropriate and adequate.
(2) Yes
(3) The Aboriginal Cultural Material Committee (ACMC)'s role is limited to providing advice, forming an opinion and making recommendations. Section 37(2) of the
Aboriginal Heritage Act 1972
(AHA) provides that the role of the Registrar is to administer day to day operations of the ACMC and perform any functions allocated to the Registrar under the AHA. DIA provides secretariat support to ACMC where required.
(4) The ACMC assessment in August 2011 was in the context of a section 18 application submitted by Main Roads Western Australia and dealt with the question of whether the AHA applies to part only of the site. The site informants informed DIA that the boundary of the site was greater than the area subject of that section 18 application.
(5) Yes
(6) Confirmation of the boundaries of the whole of the area 23323.
(7) A project to map the cultural heritage values and boundaries of the Burrup Peninsula is being developed by DIA and will commence in September 2012 in consultation with traditional custodians and other stakeholders. It is anticipated there will be sufficient information at the completion of this project to determine the heritage values and boundaries of site 23323.
(8) Yes
(9) 29 September 2011
(10) Not Applicable
(11) Not Applicable
(12) It is a matter for the ACMC as to what may be required to inform its advice opinion or recommendation.
(13) Not Applicable
(14) Not Applicable
(15) Yes
(16) Main Roads Western Australia
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(2) Yes
(3) The Aboriginal Cultural Material Committee (ACMC)'s role is limited to providing advice, forming an opinion and making recommendations. Section 37(2) of the
Aboriginal Heritage Act 1972
(AHA) provides that the role of the Registrar is to administer day to day operations of the ACMC and perform any functions allocated to the Registrar under the AHA. DIA provides secretariat support to ACMC where required.
(4) The ACMC assessment in August 2011 was in the context of a section 18 application submitted by Main Roads Western Australia and dealt with the question of whether the AHA applies to part only of the site. The site informants informed DIA that the boundary of the site was greater than the area subject of that section 18 application.
(5) Yes
(6) Confirmation of the boundaries of the whole of the area 23323.
(7) A project to map the cultural heritage values and boundaries of the Burrup Peninsula is being developed by DIA and will commence in September 2012 in consultation with traditional custodians and other stakeholders. It is anticipated there will be sufficient information at the completion of this project to determine the heritage values and boundaries of site 23323.
(8) Yes
(9) 29 September 2011
(10) Not Applicable
(11) Not Applicable
(12) It is a matter for the ACMC as to what may be required to inform its advice opinion or recommendation.
(13) Not Applicable
(14) Not Applicable
(15) Yes
(16) Main Roads Western Australia
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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