❓ A parliamentary question investigates potential breaches of the Aboriginal Heritage Act 1972 regarding Woodside's Pluto Site B and interim registered site 23323. The response clarifies the approval process and conditions in place to protect Aboriginal heritage.
AnsweredQoN 5523Legislative Council
QuestionView source ↗
(1) Was a Section 18 application made in respect of interim registered site 23323?
(2) If no to (1), why was no application made in respect of interim registered site 23323 or Ministerial conditions made in respect to this interim site?
(3) Has the ACMC evaluated Interim registered site 23323 and made a determination as to its status?
(4) If no to (3), when does the ACMC propose to evaluate interim registered site 23323?
(5) Is it the case, as stated on the DIA website, that registration, either interim or permanent, does not change the legal status of places alleged to be Aboriginal sites since all such places, whether known or presently undiscovered are given equivalent protection?
(6) Have any ground disturbing activities or erection of minor buildings occurred on land covered by the interim registered Site 23323, namely Woodside Pluto Site B?
(7) If no to (1), and yes to (6), who authorised any works that may have occurred on interim registered Site 23323?
(8) If such works occurred are they in breach of the
Aboriginal Heritage Act 1972
?
(9) If yes to (8), what action will be taken in respect of this breach of the
Aboriginal Heritage Act 1972
?
(2) If no to (1), why was no application made in respect of interim registered site 23323 or Ministerial conditions made in respect to this interim site?
(3) Has the ACMC evaluated Interim registered site 23323 and made a determination as to its status?
(4) If no to (3), when does the ACMC propose to evaluate interim registered site 23323?
(5) Is it the case, as stated on the DIA website, that registration, either interim or permanent, does not change the legal status of places alleged to be Aboriginal sites since all such places, whether known or presently undiscovered are given equivalent protection?
(6) Have any ground disturbing activities or erection of minor buildings occurred on land covered by the interim registered Site 23323, namely Woodside Pluto Site B?
(7) If no to (1), and yes to (6), who authorised any works that may have occurred on interim registered Site 23323?
(8) If such works occurred are they in breach of the
Aboriginal Heritage Act 1972
?
(9) If yes to (8), what action will be taken in respect of this breach of the
Aboriginal Heritage Act 1972
?
AnswerView source ↗
Answered
25 October 2007
Responded by
Minister for Local Government representing the Minister for Indigenous Affairs
Response time
35 days
The Department of Indigenous Affairs (DIA) advises:
(1) No.
(2) DIA Site 23323 currently appears on the Interim Register of Aboriginal Sites maintained by DIA. DIA is seeking further information to enable DIA Site 23323 to be assessed under section 5 of the Aboriginal Heritage Act (AHA).
(3) Yes, the Aboriginal Cultural Material Committee resolved there was insufficient information for it to assess whether DIA Site 23323 is an Aboriginal site under section 5 of the AHA.
(4) Not applicable.
(5) The AHA applies to all Aboriginal sites within the definition of section 5 of the AHA, whether they are registered or not.
(6) Ground-disturbing activities have taken place at Pluto Site B.
(7) On 26 February 2007 the Minister for Indigenous Affairs gave consent to Woodside Energy Ltd to use Pluto Site B to develop and operate an LNG plant, subject to very stringent conditions that will help protect Aboriginal sites of high significance and provide a comprehensive cultural heritage management plan.
(8) Under section 17 of the AHA it is an offence for a person to excavate, destroy, damage, conceal or in any way alter any Aboriginal site without the prior authorisation of the Registrar under section 16 or the Minister of Indigenous Affairs under section 18. Under section 55 of the AHA it is an offence to breach any condition attached to an authorisation under section 16 or 18.
(9) Stringent conditions have been attached to the consent of the project to protect and preserve Aboriginal heritage sites. DIA liaises with Woodside Energy Ltd and the local Aboriginal community to regularly monitor condition compliance.
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(1) No.
(2) DIA Site 23323 currently appears on the Interim Register of Aboriginal Sites maintained by DIA. DIA is seeking further information to enable DIA Site 23323 to be assessed under section 5 of the Aboriginal Heritage Act (AHA).
(3) Yes, the Aboriginal Cultural Material Committee resolved there was insufficient information for it to assess whether DIA Site 23323 is an Aboriginal site under section 5 of the AHA.
(4) Not applicable.
(5) The AHA applies to all Aboriginal sites within the definition of section 5 of the AHA, whether they are registered or not.
(6) Ground-disturbing activities have taken place at Pluto Site B.
(7) On 26 February 2007 the Minister for Indigenous Affairs gave consent to Woodside Energy Ltd to use Pluto Site B to develop and operate an LNG plant, subject to very stringent conditions that will help protect Aboriginal sites of high significance and provide a comprehensive cultural heritage management plan.
(8) Under section 17 of the AHA it is an offence for a person to excavate, destroy, damage, conceal or in any way alter any Aboriginal site without the prior authorisation of the Registrar under section 16 or the Minister of Indigenous Affairs under section 18. Under section 55 of the AHA it is an offence to breach any condition attached to an authorisation under section 16 or 18.
(9) Stringent conditions have been attached to the consent of the project to protect and preserve Aboriginal heritage sites. DIA liaises with Woodside Energy Ltd and the local Aboriginal community to regularly monitor condition compliance.
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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