❓ Hon Neil Thomson questions the Minister for Aboriginal Affairs regarding the implementation of the Aboriginal Cultural Heritage Act, specifically concerning Local Aboriginal Cultural Heritage Services (LACHS) and permit approvals. The Minister's response emphasizes the Act's reliance on existing Native Title bodies, not LACHS, for engagement and authorisation.
AnsweredQoN 630Legislative Council
QuestionView source ↗
ABORIGINAL CULTURAL HERITAGE ACT —
IMPLEMENTATION
630. Hon NEIL THOMSON to the Leader of the House representing the
Minister for Aboriginal Affairs:
I refer to the implementation of the Aboriginal Cultural
Heritage Act.
(1) As of 14
June, how many local Aboriginal cultural heritage services are registered and
fully operational?
(2) How many LACHS are likely to be fully operational on 1
July?
(3) If there
are no LACHS in existence in a specific area, how will the Department of
Planning, Lands and Heritage system provide an approval to a tier 2 permit
application for that area?
(4) In the
absence of a LACHS and a prescribed body corporate, will the DPLH system
continue to provide approvals for applications?
(5) If a tier
2 permit is provided to a proponent by the department without reference to a LACHS
or prescribed body corporate, will that provide ongoing legal protection for
any proponent who undertakes that activity within the parameters of the permit?
IMPLEMENTATION
630. Hon NEIL THOMSON to the Leader of the House representing the
Minister for Aboriginal Affairs:
I refer to the implementation of the Aboriginal Cultural
Heritage Act.
(1) As of 14
June, how many local Aboriginal cultural heritage services are registered and
fully operational?
(2) How many LACHS are likely to be fully operational on 1
July?
(3) If there
are no LACHS in existence in a specific area, how will the Department of
Planning, Lands and Heritage system provide an approval to a tier 2 permit
application for that area?
(4) In the
absence of a LACHS and a prescribed body corporate, will the DPLH system
continue to provide approvals for applications?
(5) If a tier
2 permit is provided to a proponent by the department without reference to a LACHS
or prescribed body corporate, will that provide ongoing legal protection for
any proponent who undertakes that activity within the parameters of the permit?
AnswerView source ↗
I thank the member for some notice of the question. I answer
on behalf of the Leader of the House. The following response has been provided
by the Minister for Aboriginal Affairs.
(1)–(4)
As the member has been previously advised on multiple occasions, the new
Aboriginal Cultural Heritage Act 2021 is not dependent on the establishment of
LACHS. It aligns with the Native Title Act 1993 in giving priority to native
title organisations such as regional corporations established under the South
West Native Title Settlement, prescribed bodies corporate and native title
representative bodies. The ACH act clearly sets out that it is these bodies—as
is already the case—that proponents will need to engage with under the
new act if no LACHS have been established.
(5) As the
member is aware, where an authorisation is provided—whether a permit or
a management plan—under the ACH act, then the activity is authorised.
on behalf of the Leader of the House. The following response has been provided
by the Minister for Aboriginal Affairs.
(1)–(4)
As the member has been previously advised on multiple occasions, the new
Aboriginal Cultural Heritage Act 2021 is not dependent on the establishment of
LACHS. It aligns with the Native Title Act 1993 in giving priority to native
title organisations such as regional corporations established under the South
West Native Title Settlement, prescribed bodies corporate and native title
representative bodies. The ACH act clearly sets out that it is these bodies—as
is already the case—that proponents will need to engage with under the
new act if no LACHS have been established.
(5) As the
member is aware, where an authorisation is provided—whether a permit or
a management plan—under the ACH act, then the activity is authorised.
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