❓ A parliamentary question regarding the increasing rate of convictions under the Aboriginal Heritage Act 1972, current prosecutions and investigations, and the Minister's response concerning departmental independence in prosecution decisions.
AnsweredQoN 61Legislative Assembly
QuestionView source ↗
Aboriginal Heritage Act — Tony Maddox
61. Hon Neil Thomson to the Leader of the House
representing the Minister for Aboriginal
Affairs :
I refer to the recently publicised convictions of local government
contractors and Mr Tony Maddox under provisions of the Aboriginal Heritage Act 1972 .
(1) Has the minister been briefed by the
Department of Planning Lands and Heritage on the increasing rate of
convictions?
(2) Are there any further prosecutions on foot and
what are they?
(3) Are any other investigations of breaches of
the AHA currently underway?
(4) If yes to (3), how many are there and what is
the nature of the suspected breaches?
(5) Has the minister met with landowner
representatives or local government representatives concerning the increasing
litigious approach of the DPLH?
(6) What measures will the minister put in place
to reduce the rate of prosecutions?
61. Hon Neil Thomson to the Leader of the House
representing the Minister for Aboriginal
Affairs :
I refer to the recently publicised convictions of local government
contractors and Mr Tony Maddox under provisions of the Aboriginal Heritage Act 1972 .
(1) Has the minister been briefed by the
Department of Planning Lands and Heritage on the increasing rate of
convictions?
(2) Are there any further prosecutions on foot and
what are they?
(3) Are any other investigations of breaches of
the AHA currently underway?
(4) If yes to (3), how many are there and what is
the nature of the suspected breaches?
(5) Has the minister met with landowner
representatives or local government representatives concerning the increasing
litigious approach of the DPLH?
(6) What measures will the minister put in place
to reduce the rate of prosecutions?
AnswerView source ↗
I thank the
honourable member for some notice of the question. The answer is provided on
behalf of the Minister for Aboriginal Affairs.
(1) The department briefs the minister on a range
of matters relating to the AHA, including investigations and prosecutions.
(2) There is currently one prosecution under the
AHA in Northam court against Glenview Nominees Pty Ltd for undertaking bridge
crossing works at four locations in the Shire of Toodyay.
(3) Yes.
(4) There are currently 20 active investigations
into alleged breaches of the AHA across the state for a range of activities
including earthworks, construction and roadworks, vegetation clearing, mining
activities, trenching and camping.
(5)–(6) As it has since the AHA first came
into effect, DPLH investigates all complaints that are received. Where
required, legal advice is sought as to whether prosecution is appropriate and
the final decision to prosecute rests with the Director General of DPLH. It
would be highly inappropriate for a minister to interfere in any decision of
the director general in relation to whether prosecution for a breach of the AHA
is appropriate.
honourable member for some notice of the question. The answer is provided on
behalf of the Minister for Aboriginal Affairs.
(1) The department briefs the minister on a range
of matters relating to the AHA, including investigations and prosecutions.
(2) There is currently one prosecution under the
AHA in Northam court against Glenview Nominees Pty Ltd for undertaking bridge
crossing works at four locations in the Shire of Toodyay.
(3) Yes.
(4) There are currently 20 active investigations
into alleged breaches of the AHA across the state for a range of activities
including earthworks, construction and roadworks, vegetation clearing, mining
activities, trenching and camping.
(5)–(6) As it has since the AHA first came
into effect, DPLH investigates all complaints that are received. Where
required, legal advice is sought as to whether prosecution is appropriate and
the final decision to prosecute rests with the Director General of DPLH. It
would be highly inappropriate for a minister to interfere in any decision of
the director general in relation to whether prosecution for a breach of the AHA
is appropriate.
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