❓ Hon Neil Thomson questions the Minister for Aboriginal Affairs regarding the interpretation of 'disturbing coastal waters' within the Aboriginal Cultural Heritage Management Code and whether weed removal requires a permit. The Minister's response clarifies the regulations and permit requirements related to flora removal.
AnsweredQoN 710Legislative Council
QuestionView source ↗
ABORIGINAL
CULTURAL HERITAGE ACT — WATERWAYS
710. Hon NEIL THOMSON to the Leader of the House representing the
Minister for Aboriginal Affairs:
I refer to the Aboriginal Cultural
Heritage Management Code, which states that a tier 1 activity includes —
Removing flora from a waterway or
coastal waters in a way that does not, over the course of 1 calendar year,
involve any of the following —
(a) removing more than 4 kg of material
(not counting the flora); and
(b) disturbing more than 10 m 2 of
the bed or banks of the waterway or coastal waters —
The PRESIDENT : Order, member!
Can we just have a little bit more clarity of the question for Hansard's
sake please.
Hon NEIL THOMSON : Do you want
me to repeat that?
The PRESIDENT : Just continue.
Hon NEIL THOMSON : I ask —
(1) Please explain what ''disturbing
coastal waters'' means for this purpose?
(2) Does this
mean that individuals and/or groups, such as natural resource management groups,
will need to apply for an Aboriginal cultural heritage permit when seeking to
remove noxious weeds from rivers or coastal waters?
CULTURAL HERITAGE ACT — WATERWAYS
710. Hon NEIL THOMSON to the Leader of the House representing the
Minister for Aboriginal Affairs:
I refer to the Aboriginal Cultural
Heritage Management Code, which states that a tier 1 activity includes —
Removing flora from a waterway or
coastal waters in a way that does not, over the course of 1 calendar year,
involve any of the following —
(a) removing more than 4 kg of material
(not counting the flora); and
(b) disturbing more than 10 m 2 of
the bed or banks of the waterway or coastal waters —
The PRESIDENT : Order, member!
Can we just have a little bit more clarity of the question for Hansard's
sake please.
Hon NEIL THOMSON : Do you want
me to repeat that?
The PRESIDENT : Just continue.
Hon NEIL THOMSON : I ask —
(1) Please explain what ''disturbing
coastal waters'' means for this purpose?
(2) Does this
mean that individuals and/or groups, such as natural resource management groups,
will need to apply for an Aboriginal cultural heritage permit when seeking to
remove noxious weeds from rivers or coastal waters?
AnswerView source ↗
Thanks,
President. It is written down, so it is quite easy for me, not so much maybe
for Hansard.
The PRESIDENT :
And nor for me, honourable member.
Hon SUE ELLERY : I thank the
honourable member for some notice of the question.
(1)–(2) The
tiers of activities are set out in the Aboriginal Cultural Heritage
Regulations. The Aboriginal Cultural Heritage Act 2021 deals with activities
that involve ground disturbance. The regulations do not refer to disturbing
coastal waters. As the member notes, they refer to removing flora from a waterway
or coastal waters in a way that does not involve removal of material or
disturbing the beds or banks. Regulation 75 sets out when a permit is required
in relation to removing flora.
President. It is written down, so it is quite easy for me, not so much maybe
for Hansard.
The PRESIDENT :
And nor for me, honourable member.
Hon SUE ELLERY : I thank the
honourable member for some notice of the question.
(1)–(2) The
tiers of activities are set out in the Aboriginal Cultural Heritage
Regulations. The Aboriginal Cultural Heritage Act 2021 deals with activities
that involve ground disturbance. The regulations do not refer to disturbing
coastal waters. As the member notes, they refer to removing flora from a waterway
or coastal waters in a way that does not involve removal of material or
disturbing the beds or banks. Regulation 75 sets out when a permit is required
in relation to removing flora.
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