❓ Question regarding the registration and evaluation of the Song Cycle path as an Aboriginal heritage site, following up on a previous letter from the Minister. The answer confirms the path's significance and lack of appeal against a related court decision.
AnsweredQoN 6029Legislative Council
QuestionView source ↗
In his 13 June 2012 letter to Joseph Roe, the Minister advised Mr Roe that 'DIA has also confirmed that Aboriginal heritage sites identified through the Terrex Report have been registered and appear on the DIA Register of Aboriginal Sites. During 2011 and in consultation with Goolarabooloo people, DIA added the Song Cycle path as it had been presented in 1991 to the DIA Sites Database', and I now ask —
(1) Was the Song Cycle path explicitly identified as an Aboriginal site by the senior Aboriginal men consulted in 1991 by the Western Australian Museum for the purposes of the Terrex Report?
(2) Did the Aboriginal Cultural Material Committee, on 11 July 1991, evaluate the Song Cycle path as mapped in 1991 and described in the Terrex Report against the criteria in subsections 39(2)-(3) of the
Aboriginal Heritage Act 1972
?
(3) What did the Aboriginal Cultural Material Committee conclude on this occasion about the Song Cycle path and the activities that should be undertaken in relation to it?
(4) I refer the Minister to the decision of the Broome Mining Warden's Court delivered on 20 August 1991 by Dr J A Howard SM, and reported as
Terrex Resources N L v Bidyadanga Aboriginal Community, Kimberley Conservation Group, Broome Botanical Society and the Kimberley Land Council on behalf of Goolarabooloo Aboriginal Community and Boonaroo Pastoral Pty Ltd
. In relation to this, I now ask —
(a) did the Mining Warden conclude that the areas defined as the Song Cycle path in the 1991 Terrex Report 'were effectively resolved by the committee to encompass places of importance and significance as defined in section 5 of the
Aboriginal Heritage Act 1972
'; and
(b) was the Mining Warden's decision ever appealed?
(1) Was the Song Cycle path explicitly identified as an Aboriginal site by the senior Aboriginal men consulted in 1991 by the Western Australian Museum for the purposes of the Terrex Report?
(2) Did the Aboriginal Cultural Material Committee, on 11 July 1991, evaluate the Song Cycle path as mapped in 1991 and described in the Terrex Report against the criteria in subsections 39(2)-(3) of the
Aboriginal Heritage Act 1972
?
(3) What did the Aboriginal Cultural Material Committee conclude on this occasion about the Song Cycle path and the activities that should be undertaken in relation to it?
(4) I refer the Minister to the decision of the Broome Mining Warden's Court delivered on 20 August 1991 by Dr J A Howard SM, and reported as
Terrex Resources N L v Bidyadanga Aboriginal Community, Kimberley Conservation Group, Broome Botanical Society and the Kimberley Land Council on behalf of Goolarabooloo Aboriginal Community and Boonaroo Pastoral Pty Ltd
. In relation to this, I now ask —
(a) did the Mining Warden conclude that the areas defined as the Song Cycle path in the 1991 Terrex Report 'were effectively resolved by the committee to encompass places of importance and significance as defined in section 5 of the
Aboriginal Heritage Act 1972
'; and
(b) was the Mining Warden's decision ever appealed?
AnswerView source ↗
Answered
23 October 2012
Responded by
Minister for Indigenous Affairs
Response time
35 days
1. Senior Aboriginal men consulted in 1991 described in detail to the author of the Terrex Report the path of a Song Cycle.
2-3. At the 11 July 1991 meeting, the Aboriginal Cultural Material Committee (ACMC) resolved to establish a sub-committee to review the Terrex Report. The sub-committee discussed the report in a special session and concluded that areas defined as the Song Cycle path have significance under section 39 (2) (a), (b) and (c) and section 39 (3) of the
Aboriginal Heritage Act 1972.
The minutes from the 11 July 1991 ACMC meeting show that for Resolution (74/91) it was the sub-committee appointed by the ACMC that
'concluded that the Song Cycle path as delineated by the green dotted line in Figs 4 & 5, 8 & 9, and 12, encompasses places of importance and significance as defined by Section 5(b) and also 5(a) and (c) of the Aboriginal Heritage Act'.
The sub-committee formed the view that no exploration activity should occur on the areas defined as the Song Cycle path and the ACMC resolved that these findings be forwarded to the Mining Warden.
4. (a) Yes. The 'Reasons for Decision' published by the Broome Warden Court states in reference to areas representing the Song Cycle as delineated by green dotted lines on maps of the Terrex Report '
were effectively resolved by the committee to encompass places of importance and significance as defined in section 5 of the Aboriginal Heritage Act 1972.'
4. (b) I am not aware that the Warden's decision was ever appealed.
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
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2-3. At the 11 July 1991 meeting, the Aboriginal Cultural Material Committee (ACMC) resolved to establish a sub-committee to review the Terrex Report. The sub-committee discussed the report in a special session and concluded that areas defined as the Song Cycle path have significance under section 39 (2) (a), (b) and (c) and section 39 (3) of the
Aboriginal Heritage Act 1972.
The minutes from the 11 July 1991 ACMC meeting show that for Resolution (74/91) it was the sub-committee appointed by the ACMC that
'concluded that the Song Cycle path as delineated by the green dotted line in Figs 4 & 5, 8 & 9, and 12, encompasses places of importance and significance as defined by Section 5(b) and also 5(a) and (c) of the Aboriginal Heritage Act'.
The sub-committee formed the view that no exploration activity should occur on the areas defined as the Song Cycle path and the ACMC resolved that these findings be forwarded to the Mining Warden.
4. (a) Yes. The 'Reasons for Decision' published by the Broome Warden Court states in reference to areas representing the Song Cycle as delineated by green dotted lines on maps of the Terrex Report '
were effectively resolved by the committee to encompass places of importance and significance as defined in section 5 of the Aboriginal Heritage Act 1972.'
4. (b) I am not aware that the Warden's decision was ever appealed.
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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