❓ Hon Robin Chapple questions the Minister for Aboriginal Affairs regarding heritage sites whose status was changed to 'not a site' following legal advice, and whether more sites have been similarly affected since a previous inquiry. The question also seeks reinstatement of original heritage status in light of a Supreme Court decision.
AnsweredQoN 663Legislative Council
QuestionView source ↗
ABORIGINAL HERITAGE ACT — HERITAGE SITES
663. Hon ROBIN CHAPPLE to the Minister
for Aboriginal Affairs:
I refer to question without notice
378 asked in the Legislative Council on Tuesday, 21 April and the attached
tabled response that refers to the Department of Aboriginal Affairs IDs, names,
applicants and section 18 proposed developments of 23 heritage sites that have
had their status changed to ''not a site'' as a result of State
Solicitor's Office advice on section 5(b) of the Aboriginal Heritage
Act.
(1) Has the
department discovered any more heritage places that have had their status
changed to ''not a site'' since the paper was tabled?
(2) If yes to (1), will the government reveal —
(a) the DAA IDs of these sites;
(b) the DAA site names;
(c) the applicant; and
(d) any section 18 proposed
development?
(3) If yes to
(1), will the original heritage status of these sites be immediately reinstated
given the Supreme Court decision in Robinson v Fielding [2015] WASC 108?
663. Hon ROBIN CHAPPLE to the Minister
for Aboriginal Affairs:
I refer to question without notice
378 asked in the Legislative Council on Tuesday, 21 April and the attached
tabled response that refers to the Department of Aboriginal Affairs IDs, names,
applicants and section 18 proposed developments of 23 heritage sites that have
had their status changed to ''not a site'' as a result of State
Solicitor's Office advice on section 5(b) of the Aboriginal Heritage
Act.
(1) Has the
department discovered any more heritage places that have had their status
changed to ''not a site'' since the paper was tabled?
(2) If yes to (1), will the government reveal —
(a) the DAA IDs of these sites;
(b) the DAA site names;
(c) the applicant; and
(d) any section 18 proposed
development?
(3) If yes to
(1), will the original heritage status of these sites be immediately reinstated
given the Supreme Court decision in Robinson v Fielding [2015] WASC 108?
AnswerView source ↗
I thank the honourable member for
some notice of the question.
(1) Yes.
(2) I am unable
to provide this information within the time frame. I will provide this on
Thursday, 18 June 2015.
(3) The Supreme
Court ruled that the decision of the Aboriginal Cultural Material Committee
relating to Marapikurrinya Yintha should be set aside and referred back to the
Aboriginal Cultural Material Committee for reconsideration. It is the
responsibility of the Aboriginal Cultural Material Committee to determine
whether places meet the definition in section 5 of the Aboriginal Heritage Act
1972. Therefore, it is appropriate that similar cases are referred back to the
Aboriginal Cultural Material Committee for reconsideration.
some notice of the question.
(1) Yes.
(2) I am unable
to provide this information within the time frame. I will provide this on
Thursday, 18 June 2015.
(3) The Supreme
Court ruled that the decision of the Aboriginal Cultural Material Committee
relating to Marapikurrinya Yintha should be set aside and referred back to the
Aboriginal Cultural Material Committee for reconsideration. It is the
responsibility of the Aboriginal Cultural Material Committee to determine
whether places meet the definition in section 5 of the Aboriginal Heritage Act
1972. Therefore, it is appropriate that similar cases are referred back to the
Aboriginal Cultural Material Committee for reconsideration.
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