❓ Hon Robin Chapple questions the Minister for Aboriginal Affairs regarding the location of the Song Cycle path on the Aboriginal heritage register, changes to the interpretation of section 5(b) of the Aboriginal Heritage Act 1972, and the authorisation of legal advice sought by the Aboriginal Cultural Material Committee (ACMC).
AnsweredQoN 622Legislative Council
QuestionView source ↗
ABORIGINAL
HERITAGE ACT
622. Hon ROBIN CHAPPLE to the
Minister for Aboriginal Affairs:
I refer to a letter
sent to Mr Roe, reference No 34-18178 sent on 13 June 2012.
(1) Where on the register of sites or other
heritage places does the Song Cycle path as it had been presented in 1991
appear on the Department of Aboriginal Affairs sites database?
(2) Why did the minister state, ''Whilst
several amendments are proposed for the Aboriginal Heritage Act 1972—AHA,
section 5 of the AHA, which defines the places or sites to which the Act
applies, will remain unchanged''?
(3) In relation to (2), can the minister
explain why the interpretation of section 5(b) of the AHA was subsequently
changed by the Chair of the Aboriginal Cultural Material Committee and did the
minister authorise the change?
(4) Was the minister aware of the proposed
changes to the interpretation of section 5(b) of the AHA when writing the
letter?
(5) Who authorised the Chair of the ACMC to
seek advice on section 5(b) of the AHA on 31 August 2012?
HERITAGE ACT
622. Hon ROBIN CHAPPLE to the
Minister for Aboriginal Affairs:
I refer to a letter
sent to Mr Roe, reference No 34-18178 sent on 13 June 2012.
(1) Where on the register of sites or other
heritage places does the Song Cycle path as it had been presented in 1991
appear on the Department of Aboriginal Affairs sites database?
(2) Why did the minister state, ''Whilst
several amendments are proposed for the Aboriginal Heritage Act 1972—AHA,
section 5 of the AHA, which defines the places or sites to which the Act
applies, will remain unchanged''?
(3) In relation to (2), can the minister
explain why the interpretation of section 5(b) of the AHA was subsequently
changed by the Chair of the Aboriginal Cultural Material Committee and did the
minister authorise the change?
(4) Was the minister aware of the proposed
changes to the interpretation of section 5(b) of the AHA when writing the
letter?
(5) Who authorised the Chair of the ACMC to
seek advice on section 5(b) of the AHA on 31 August 2012?
AnswerView source ↗
(1) The
Department of Aboriginal Affairs' Aboriginal Heritage Inquiry System
has two categories—''Registered'' and ''Other
Heritage Places''. ''Stored Data'' is a subset of the ''Other
Heritage Places'' category. Information regarding the Song Cycle path is
currently contained within the ''Stored Data'' category in the
database.
(2) This was
stated in the context of the development of the Aboriginal Heritage Amendment
Bill 2014 which is currently before Parliament. No amendment to section 5 was
proposed to or approved by cabinet.
(3) The
Aboriginal Cultural Material Committee received, considered and resolved to
adopt the State Solicitor's Office advice dated 1 November 2012. It is
the responsibility of the Aboriginal Cultural Material Committee to assess
whether places and objects meet the criteria under section 5 of the Aboriginal
Heritage Act 1972.
(4) No. The
letter predates legal advice being sought by and provided to the Aboriginal
Cultural Material Committee.
(5) The Aboriginal
Cultural Material Committee and its Chair have authority to seek legal advice
as and when required.
Department of Aboriginal Affairs' Aboriginal Heritage Inquiry System
has two categories—''Registered'' and ''Other
Heritage Places''. ''Stored Data'' is a subset of the ''Other
Heritage Places'' category. Information regarding the Song Cycle path is
currently contained within the ''Stored Data'' category in the
database.
(2) This was
stated in the context of the development of the Aboriginal Heritage Amendment
Bill 2014 which is currently before Parliament. No amendment to section 5 was
proposed to or approved by cabinet.
(3) The
Aboriginal Cultural Material Committee received, considered and resolved to
adopt the State Solicitor's Office advice dated 1 November 2012. It is
the responsibility of the Aboriginal Cultural Material Committee to assess
whether places and objects meet the criteria under section 5 of the Aboriginal
Heritage Act 1972.
(4) No. The
letter predates legal advice being sought by and provided to the Aboriginal
Cultural Material Committee.
(5) The Aboriginal
Cultural Material Committee and its Chair have authority to seek legal advice
as and when required.
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