❓ Question regarding consultation requirements under Section 18 of the Aboriginal Heritage Act 1972, specifically concerning the inclusion of unregistered native title claimants in consultation processes as per the Due Diligence Guidelines. The response clarifies the categories for consultation.
AnsweredQoN 5028Legislative Council
QuestionView source ↗
With regard to applications pursuant to section 18 of the
Aboriginal Heritage Act 1972
made in respect of a project, and answers to question without notice No. 1092 asked in the Legislative Council on 13 August 2003 by Hon John Fischer, I ask -
(1) Is it correct that in cases where an application pursuant to section 18 of the
Aboriginal Heritage Act 1972
is to be made in respect of a project, the Department of Indigenous Affairs and Aboriginal Cultural Material Committee require three categories of persons to be consulted, as follows -
(a) relevant native title holders or claimants;
(b) registered informants (i.e. persons listed as such on the Register of Aboriginal Sites) for any Aboriginal sites on the land the subject of the application; and
(c) persons who can be identified through scrutiny of records and previous professional reports at the Department as having or as claiming knowledge of Aboriginal heritage matters relevant to the land the subject of the application?
(2) If yes to (1), why does the current
Cultural Heritage Due Diligence Guidelines (Guidelines), PART 1 – Information to assist in using these Guidelines and PART 2 – Cultural Heritage Due Diligence Guidelines (Guidelines)
of 21 September 2011 only refer in part 1.10 and 3.2 to registered claimants and not claimants?
(3) Is it still correct that ‘Consultations under the
Aboriginal Heritage Act 1972
are separate and distinct from matters concerning the federal
Native Title Act 1993
. A finding that a group does not hold native title in no way suggests that that group does not have traditional associations with that area.’?
Aboriginal Heritage Act 1972
made in respect of a project, and answers to question without notice No. 1092 asked in the Legislative Council on 13 August 2003 by Hon John Fischer, I ask -
(1) Is it correct that in cases where an application pursuant to section 18 of the
Aboriginal Heritage Act 1972
is to be made in respect of a project, the Department of Indigenous Affairs and Aboriginal Cultural Material Committee require three categories of persons to be consulted, as follows -
(a) relevant native title holders or claimants;
(b) registered informants (i.e. persons listed as such on the Register of Aboriginal Sites) for any Aboriginal sites on the land the subject of the application; and
(c) persons who can be identified through scrutiny of records and previous professional reports at the Department as having or as claiming knowledge of Aboriginal heritage matters relevant to the land the subject of the application?
(2) If yes to (1), why does the current
Cultural Heritage Due Diligence Guidelines (Guidelines), PART 1 – Information to assist in using these Guidelines and PART 2 – Cultural Heritage Due Diligence Guidelines (Guidelines)
of 21 September 2011 only refer in part 1.10 and 3.2 to registered claimants and not claimants?
(3) Is it still correct that ‘Consultations under the
Aboriginal Heritage Act 1972
are separate and distinct from matters concerning the federal
Native Title Act 1993
. A finding that a group does not hold native title in no way suggests that that group does not have traditional associations with that area.’?
AnswerView source ↗
Answered
7 March 2012
Responded by
Minister for Indigenous Affairs
Response time
106 days
(1) The correct categories of persons to be consulted are as stated within the Due Diligence Guidelines at part 1.10 and 3.2. Claimants who are not registered would be included in category d), any other Aboriginal persons who can demonstrate relevant cultural knowledge in any particular area.
(2) Not applicable.
(3) Yes.
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(2) Not applicable.
(3) Yes.
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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