Question on Notice regarding the interpretation and application of section 5(b) of the Aboriginal Heritage Act 1972, specifically concerning Lake Yindarlgooda (DIA 30602). The Minister provides brief answers confirming key dates and ongoing consideration of the Act.

AnsweredQoN 476Legislative Council
Asked
6 May 2015
Portfolio
Aboriginal Affairs

QuestionView source ↗

ABORIGINAL HERITAGE ACT
1972 — HERITAGE SITES
476. Hon ROBIN CHAPPLE to the
Minister for Aboriginal Affairs:
I refer to question without notice 240 asked in the
Legislative Council on 17 March 2015, specifically the answer to (1) and (2);
email correspondence from John Avery to Aaron Rayner of 28 February 2012, at
10.31 pm; and the memorandum dated 8 March 2012 to the then Minister for
Indigenous Affairs from the then DIA director general of how section 5 of the
Aboriginal Heritage Act may apply to DIA 30602, Lake Yindarlgooda, because of
its mythological status.
(1) Is it correct that —
(a) the
Aboriginal Cultural Material Committee first considered any
advice/interpretation of section 5(b) of the Aboriginal Heritage Act on 21
November 2012, relating to DIA 30602; and
(b) legal advice
on section 5(b) of the act was first provided by the State Solicitor's
Office on 1 November 2012?
(2) If no to
(1)(a) or (b), when was the first advice/interpretation or legal advice on
section 5(b) received?
(3) Did the
department or the ACMC consider the interpretation of section 5(b) of the act
prior to 1 November 2012?
(4) If yes to (3), when?
(5) Who sought advice on section
5(b) of the act from the SSO and on what date?

AnswerView source ↗

I thank the honourable member for
some notice of this question.
(1) Yes.
(2) Not applicable.
(3) Yes.
(4) There has
been ongoing consideration of the application of section 5(b) since the
Aboriginal Heritage Act 1972 was proclaimed in 1972.
(5) The chair of
the Aboriginal Cultural Material Committee sought advice on section 5(b) of the
Aboriginal Heritage Act 1972 on 31 August 2012.

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