Hon Robin Chapple questions the Minister for Heritage about the coverage of Aboriginal heritage sites under the Heritage of Western Australia Act 1990. The Minister acknowledges the question's complexity and promises a more detailed response, highlighting the interplay between various Acts and ministerial portfolios.

AnsweredQoN 1359Legislative Council
Asked
16 October 2003
Portfolio
Heritage

QuestionView source ↗

I have provided the minister with a copy of the question but, unfortunately, it was as we entered the Chamber. I refer to heritage matters. (1) Is it the minister’s understanding that Aboriginal heritage sites are not covered by the Heritage of Western Australia Act 1990 as it covers only European heritage? (2) If not, what is the minister’s understanding? (3) If so, can the minister explain why Aboriginal sites of state significance have no coverage under the 1990 Act? Hon TOM STEPHENS

AnswerView source ↗

This is the second time the issue has been raised with me in the Chamber during question time. A member opposite raised it on the day I took on the heritage portfolio. At the time the issue was raised with me it was my intention to have a more detailed look at the question asked. I have not done that. I tried to get on the telephone immediately after the member provided me with the question to see whether the information was available to me. The member will appreciate that the Act will not be interpreted in the way that is framed in his question; that is, the heritage legislation can cover only European heritage. Obviously it will not do that. There will be an interplay between the issues of Aboriginal site heritage and the heritage Act. I want to provide the member with a detailed response on exactly how that interplay works. Clearly a number of areas are involved. The Minister for Indigenous Affairs has responsibility for the Aboriginal Heritage Act, which is essentially the site legislation that was put in place in 1972. The state Act was put in place in 1990. To some extent there will also be interplay with the Minister for Planning and Infrastructure and the Minister for the Environment. The Minister for Housing and Works also has responsibility for state-owned heritage sites. There is a complex interplay of Acts and portfolios. The member is entitled to a more considered response than simply my giving an off-the-cuff remark.
(1) Is it the minister’s understanding that Aboriginal heritage sites are not covered by the Heritage of Western Australia Act 1990 as it covers only European heritage? (2) If not, what is the minister’s understanding? (3) If so, can the minister explain why Aboriginal sites of state significance have no coverage under the 1990 Act? Hon TOM STEPHENS replied: This is the second time the issue has been raised with me in the Chamber during question time. A member opposite raised it on the day I took on the heritage portfolio. At the time the issue was raised with me it was my intention to have a more detailed look at the question asked. I have not done that. I tried to get on the telephone immediately after the member provided me with the question to see whether the information was available to me. The member will appreciate that the Act will not be interpreted in the way that is framed in his question; that is, the heritage legislation can cover only European heritage. Obviously it will not do that. There will be an interplay between the issues of Aboriginal site heritage and the heritage Act. I want to provide the member with a detailed response on exactly how that interplay works. Clearly a number of areas are involved. The Minister for Indigenous Affairs has responsibility for the Aboriginal Heritage Act, which is essentially the site legislation that was put in place in 1972. The state Act was put in place in 1990. To some extent there will also be interplay with the Minister for Planning and Infrastructure and the Minister for the Environment. The Minister for Housing and Works also has responsibility for state-owned heritage sites. There is a complex interplay of Acts and portfolios. The member is entitled to a more considered response than simply my giving an off-the-cuff remark.
(2) If not, what is the minister’s understanding? (3) If so, can the minister explain why Aboriginal sites of state significance have no coverage under the 1990 Act? Hon TOM STEPHENS replied: This is the second time the issue has been raised with me in the Chamber during question time. A member opposite raised it on the day I took on the heritage portfolio. At the time the issue was raised with me it was my intention to have a more detailed look at the question asked. I have not done that. I tried to get on the telephone immediately after the member provided me with the question to see whether the information was available to me. The member will appreciate that the Act will not be interpreted in the way that is framed in his question; that is, the heritage legislation can cover only European heritage. Obviously it will not do that. There will be an interplay between the issues of Aboriginal site heritage and the heritage Act. I want to provide the member with a detailed response on exactly how that interplay works. Clearly a number of areas are involved. The Minister for Indigenous Affairs has responsibility for the Aboriginal Heritage Act, which is essentially the site legislation that was put in place in 1972. The state Act was put in place in 1990. To some extent there will also be interplay with the Minister for Planning and Infrastructure and the Minister for the Environment. The Minister for Housing and Works also has responsibility for state-owned heritage sites. There is a complex interplay of Acts and portfolios. The member is entitled to a more considered response than simply my giving an off-the-cuff remark.
(3) If so, can the minister explain why Aboriginal sites of state significance have no coverage under the 1990 Act? Hon TOM STEPHENS replied: This is the second time the issue has been raised with me in the Chamber during question time. A member opposite raised it on the day I took on the heritage portfolio. At the time the issue was raised with me it was my intention to have a more detailed look at the question asked. I have not done that. I tried to get on the telephone immediately after the member provided me with the question to see whether the information was available to me. The member will appreciate that the Act will not be interpreted in the way that is framed in his question; that is, the heritage legislation can cover only European heritage. Obviously it will not do that. There will be an interplay between the issues of Aboriginal site heritage and the heritage Act. I want to provide the member with a detailed response on exactly how that interplay works. Clearly a number of areas are involved. The Minister for Indigenous Affairs has responsibility for the Aboriginal Heritage Act, which is essentially the site legislation that was put in place in 1972. The state Act was put in place in 1990. To some extent there will also be interplay with the Minister for Planning and Infrastructure and the Minister for the Environment. The Minister for Housing and Works also has responsibility for state-owned heritage sites. There is a complex interplay of Acts and portfolios. The member is entitled to a more considered response than simply my giving an off-the-cuff remark.
Hon TOM STEPHENS replied: This is the second time the issue has been raised with me in the Chamber during question time. A member opposite raised it on the day I took on the heritage portfolio. At the time the issue was raised with me it was my intention to have a more detailed look at the question asked. I have not done that. I tried to get on the telephone immediately after the member provided me with the question to see whether the information was available to me. The member will appreciate that the Act will not be interpreted in the way that is framed in his question; that is, the heritage legislation can cover only European heritage. Obviously it will not do that. There will be an interplay between the issues of Aboriginal site heritage and the heritage Act. I want to provide the member with a detailed response on exactly how that interplay works. Clearly a number of areas are involved. The Minister for Indigenous Affairs has responsibility for the Aboriginal Heritage Act, which is essentially the site legislation that was put in place in 1972. The state Act was put in place in 1990. To some extent there will also be interplay with the Minister for Planning and Infrastructure and the Minister for the Environment. The Minister for Housing and Works also has responsibility for state-owned heritage sites. There is a complex interplay of Acts and portfolios. The member is entitled to a more considered response than simply my giving an off-the-cuff remark.
This is the second time the issue has been raised with me in the Chamber during question time. A member opposite raised it on the day I took on the heritage portfolio. At the time the issue was raised with me it was my intention to have a more detailed look at the question asked. I have not done that. I tried to get on the telephone immediately after the member provided me with the question to see whether the information was available to me. The member will appreciate that the Act will not be interpreted in the way that is framed in his question; that is, the heritage legislation can cover only European heritage. Obviously it will not do that. There will be an interplay between the issues of Aboriginal site heritage and the heritage Act. I want to provide the member with a detailed response on exactly how that interplay works. Clearly a number of areas are involved. The Minister for Indigenous Affairs has responsibility for the Aboriginal Heritage Act, which is essentially the site legislation that was put in place in 1972. The state Act was put in place in 1990. To some extent there will also be interplay with the Minister for Planning and Infrastructure and the Minister for the Environment. The Minister for Housing and Works also has responsibility for state-owned heritage sites. There is a complex interplay of Acts and portfolios. The member is entitled to a more considered response than simply my giving an off-the-cuff remark.

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