❓ A WA parliamentary question on notice regarding the Aboriginal Cultural Material Committee's (ACMC) site assessments, specifically concerning artefact scatters, grinding grooves, stone arrangements, and the application of sections 5, 6, and 18 of the Aboriginal Heritage Act 1972. The Minister's response clarifies the ACMC's role and the application of the Act.
AnsweredQoN 3408Legislative Council
QuestionView source ↗
(1) How many section 5(a) and 5(c) site assessments did the Aboriginal Cultural Material Committee (ACMC) conduct during the period February 2012 to April 2015? (2) Of these site assessments conducted by the ACMC during the period February 2012 to April 2015, how many contained: (a) artefact scatters, and/or; (b) grinding grooves and patches, and/or; and (c) stone arrangements? (3) Does the Minister agree that artefact scatters, grinding grooves and patches, and stone arrangements are cultural material objects that were used for, or made or adapted for use for, any purpose connected with the traditional cultural life of Aboriginal people past or present? (4) If no to (3), why not? (5) Section 6 of the Aboriginal Heritage Act 1972 is designed to protect objects from land use destruction. How many of the reported objects referred to in (2) were found to be objects pursuant to section 6 of the Aboriginal Heritage Act 1972 ? (6) Was there an express consideration and decision-making process followed by the Registrar and or the ACMC pursuant to section 6 regarding these artefacts, grinding grooves and patches and stone arrangements? (7) If no to (6), why not? (8) Will the Minister table a list of section 6 objects that have been accepted as objects under the Act during his tenure as the Minister responsible for the protection of Aboriginal heritage in this State? (9) How many section 5(a), (b), (c) and section 6 site assessments have the ACMC conducted during the period February 2012 to April 2015 that were not the subject of a section 18 application?
AnswerView source ↗
Answered
20 October 2015
Responded by
Minister for Aboriginal Affairs
Response time
35 days
1. 2,726
2.a. 1877
b. 232
c. 85
3. In accordance with the
Aboriginal Heritage Act 1972
, I rely on the advice of the Aboriginal Cultural Material Committee. The ACMC is the only body that can determine whether an Aboriginal heritage place meets the requirements of section 5 or whether objects meet the requirements of section 6 of the
Aboriginal Heritage Act 1972
.
4. Not applicable.
5. Section 6 is designed to preserve objects customarily used by or traditional to persons of Aboriginal descent. With respect to those site assessments referred to in question 2, I am advised that the ACMC had regard to section 5 and section 39 of the Act in assessing the importance and significance of these places. There was no specific requirement for the ACMC to assess whether those places contained objects of importance and significance within the meaning of section 6.
6. No
7. Based on the information available about these places, I am advised that there was no requirement to undertake any individual assessment of any objects.
8. Section 38 provides that the Registrar, so far as practicable, maintains a register of places and objects to which the Act applies. There is no separate register of objects. All information held by the Department of Aboriginal Affairs on Aboriginal sites and heritage places is publicly available on the Aboriginal Heritage Inquiry System.
9. During the periods of February 2012 and April 2015, 131 site assessment have been conducted.
2.a. 1877
b. 232
c. 85
3. In accordance with the
Aboriginal Heritage Act 1972
, I rely on the advice of the Aboriginal Cultural Material Committee. The ACMC is the only body that can determine whether an Aboriginal heritage place meets the requirements of section 5 or whether objects meet the requirements of section 6 of the
Aboriginal Heritage Act 1972
.
4. Not applicable.
5. Section 6 is designed to preserve objects customarily used by or traditional to persons of Aboriginal descent. With respect to those site assessments referred to in question 2, I am advised that the ACMC had regard to section 5 and section 39 of the Act in assessing the importance and significance of these places. There was no specific requirement for the ACMC to assess whether those places contained objects of importance and significance within the meaning of section 6.
6. No
7. Based on the information available about these places, I am advised that there was no requirement to undertake any individual assessment of any objects.
8. Section 38 provides that the Registrar, so far as practicable, maintains a register of places and objects to which the Act applies. There is no separate register of objects. All information held by the Department of Aboriginal Affairs on Aboriginal sites and heritage places is publicly available on the Aboriginal Heritage Inquiry System.
9. During the periods of February 2012 and April 2015, 131 site assessment have been conducted.
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