A WA parliamentary question on notice regarding section 16 excavations of Aboriginal sites. The response indicates difficulty in providing some data and clarifies the approval process.

AnsweredQoN 891Legislative Council
Asked
7 May 2003
Portfolio
Indigenous Affairs

QuestionView source ↗

With regard to section 16 excavations of Aboriginal sites under the Aboriginal Heritage Act 1972, I ask - (1) How many section 16 applications have been processed by the department since the Act came into force? (2) How many section 16 applications has the department recommended be approved? (3) How many section 16 applications has the department recommended be refused? (4) How many section 16 applications have been approved since the minister came to office? (5) How many section 16 applications have been refused since the minister came to office? (6) Since the inception of the Act, how many prosecutions for breaches of section 16 under the Act have been laid? The question was asked on 24 April 2003. Hon GRAHAM GIFFARD

AnswerView source ↗

I thank the member for some notice of this question. The answer provided by the minister is as follows - (1) This information is not readily available. Provision of this information would require considerable research that would divert staff from their normal duties. The minister is not prepared to allocate the State’s resources to provide a response. If the member has a more specific inquiry, the minister will endeavour to provide a reply. (2)-(3) The Department of Indigenous Affairs does not recommend the approval of section 16 applications. The process is as follows: upon receipt of an application, the Registrar of Aboriginal Sites and DIA officers review the application to ensure that sufficient consultation, including with Aboriginal people, has occurred prior to the registrar considering approval of the permits. If the applications are inadequate, DIA requests that further work be undertaken by applicants and that applications be re-submitted. To date, 359 permits have been issued by the registrar pursuant to section 16 of the Aboriginal Heritage Act 1972 since it came into force. (4) Since 10 February 2001, the registrar has approved 81 section 16 permits. (5) See (2). (6) The Aboriginal Heritage Act does not contain a provision enabling prosecution for breach of section 16 of the Act.
(1) How many section 16 applications have been processed by the department since the Act came into force? (2) How many section 16 applications has the department recommended be approved? (3) How many section 16 applications has the department recommended be refused? (4) How many section 16 applications have been approved since the minister came to office? (5) How many section 16 applications have been refused since the minister came to office? (6) Since the inception of the Act, how many prosecutions for breaches of section 16 under the Act have been laid? The question was asked on 24 April 2003. Hon GRAHAM GIFFARD replied: I thank the member for some notice of this question. The answer provided by the minister is as follows - (1) This information is not readily available. Provision of this information would require considerable research that would divert staff from their normal duties. The minister is not prepared to allocate the State’s resources to provide a response. If the member has a more specific inquiry, the minister will endeavour to provide a reply. (2)-(3) The Department of Indigenous Affairs does not recommend the approval of section 16 applications. The process is as follows: upon receipt of an application, the Registrar of Aboriginal Sites and DIA officers review the application to ensure that sufficient consultation, including with Aboriginal people, has occurred prior to the registrar considering approval of the permits. If the applications are inadequate, DIA requests that further work be undertaken by applicants and that applications be re-submitted. To date, 359 permits have been issued by the registrar pursuant to section 16 of the Aboriginal Heritage Act 1972 since it came into force. (4) Since 10 February 2001, the registrar has approved 81 section 16 permits. (5) See (2). (6) The Aboriginal Heritage Act does not contain a provision enabling prosecution for breach of section 16 of the Act.
(2) How many section 16 applications has the department recommended be approved? (3) How many section 16 applications has the department recommended be refused? (4) How many section 16 applications have been approved since the minister came to office? (5) How many section 16 applications have been refused since the minister came to office? (6) Since the inception of the Act, how many prosecutions for breaches of section 16 under the Act have been laid? The question was asked on 24 April 2003. Hon GRAHAM GIFFARD replied: I thank the member for some notice of this question. The answer provided by the minister is as follows - (1) This information is not readily available. Provision of this information would require considerable research that would divert staff from their normal duties. The minister is not prepared to allocate the State’s resources to provide a response. If the member has a more specific inquiry, the minister will endeavour to provide a reply. (2)-(3) The Department of Indigenous Affairs does not recommend the approval of section 16 applications. The process is as follows: upon receipt of an application, the Registrar of Aboriginal Sites and DIA officers review the application to ensure that sufficient consultation, including with Aboriginal people, has occurred prior to the registrar considering approval of the permits. If the applications are inadequate, DIA requests that further work be undertaken by applicants and that applications be re-submitted. To date, 359 permits have been issued by the registrar pursuant to section 16 of the Aboriginal Heritage Act 1972 since it came into force. (4) Since 10 February 2001, the registrar has approved 81 section 16 permits. (5) See (2). (6) The Aboriginal Heritage Act does not contain a provision enabling prosecution for breach of section 16 of the Act.
(3) How many section 16 applications has the department recommended be refused? (4) How many section 16 applications have been approved since the minister came to office? (5) How many section 16 applications have been refused since the minister came to office? (6) Since the inception of the Act, how many prosecutions for breaches of section 16 under the Act have been laid? The question was asked on 24 April 2003. Hon GRAHAM GIFFARD replied: I thank the member for some notice of this question. The answer provided by the minister is as follows - (1) This information is not readily available. Provision of this information would require considerable research that would divert staff from their normal duties. The minister is not prepared to allocate the State’s resources to provide a response. If the member has a more specific inquiry, the minister will endeavour to provide a reply. (2)-(3) The Department of Indigenous Affairs does not recommend the approval of section 16 applications. The process is as follows: upon receipt of an application, the Registrar of Aboriginal Sites and DIA officers review the application to ensure that sufficient consultation, including with Aboriginal people, has occurred prior to the registrar considering approval of the permits. If the applications are inadequate, DIA requests that further work be undertaken by applicants and that applications be re-submitted. To date, 359 permits have been issued by the registrar pursuant to section 16 of the Aboriginal Heritage Act 1972 since it came into force. (4) Since 10 February 2001, the registrar has approved 81 section 16 permits. (5) See (2). (6) The Aboriginal Heritage Act does not contain a provision enabling prosecution for breach of section 16 of the Act.
(4) How many section 16 applications have been approved since the minister came to office? (5) How many section 16 applications have been refused since the minister came to office? (6) Since the inception of the Act, how many prosecutions for breaches of section 16 under the Act have been laid? The question was asked on 24 April 2003. Hon GRAHAM GIFFARD replied: I thank the member for some notice of this question. The answer provided by the minister is as follows - (1) This information is not readily available. Provision of this information would require considerable research that would divert staff from their normal duties. The minister is not prepared to allocate the State’s resources to provide a response. If the member has a more specific inquiry, the minister will endeavour to provide a reply. (2)-(3) The Department of Indigenous Affairs does not recommend the approval of section 16 applications. The process is as follows: upon receipt of an application, the Registrar of Aboriginal Sites and DIA officers review the application to ensure that sufficient consultation, including with Aboriginal people, has occurred prior to the registrar considering approval of the permits. If the applications are inadequate, DIA requests that further work be undertaken by applicants and that applications be re-submitted. To date, 359 permits have been issued by the registrar pursuant to section 16 of the Aboriginal Heritage Act 1972 since it came into force. (4) Since 10 February 2001, the registrar has approved 81 section 16 permits. (5) See (2). (6) The Aboriginal Heritage Act does not contain a provision enabling prosecution for breach of section 16 of the Act.
(5) How many section 16 applications have been refused since the minister came to office? (6) Since the inception of the Act, how many prosecutions for breaches of section 16 under the Act have been laid? The question was asked on 24 April 2003. Hon GRAHAM GIFFARD replied: I thank the member for some notice of this question. The answer provided by the minister is as follows - (1) This information is not readily available. Provision of this information would require considerable research that would divert staff from their normal duties. The minister is not prepared to allocate the State’s resources to provide a response. If the member has a more specific inquiry, the minister will endeavour to provide a reply. (2)-(3) The Department of Indigenous Affairs does not recommend the approval of section 16 applications. The process is as follows: upon receipt of an application, the Registrar of Aboriginal Sites and DIA officers review the application to ensure that sufficient consultation, including with Aboriginal people, has occurred prior to the registrar considering approval of the permits. If the applications are inadequate, DIA requests that further work be undertaken by applicants and that applications be re-submitted. To date, 359 permits have been issued by the registrar pursuant to section 16 of the Aboriginal Heritage Act 1972 since it came into force. (4) Since 10 February 2001, the registrar has approved 81 section 16 permits. (5) See (2). (6) The Aboriginal Heritage Act does not contain a provision enabling prosecution for breach of section 16 of the Act.
(6) Since the inception of the Act, how many prosecutions for breaches of section 16 under the Act have been laid? The question was asked on 24 April 2003. Hon GRAHAM GIFFARD replied: I thank the member for some notice of this question. The answer provided by the minister is as follows - (1) This information is not readily available. Provision of this information would require considerable research that would divert staff from their normal duties. The minister is not prepared to allocate the State’s resources to provide a response. If the member has a more specific inquiry, the minister will endeavour to provide a reply. (2)-(3) The Department of Indigenous Affairs does not recommend the approval of section 16 applications. The process is as follows: upon receipt of an application, the Registrar of Aboriginal Sites and DIA officers review the application to ensure that sufficient consultation, including with Aboriginal people, has occurred prior to the registrar considering approval of the permits. If the applications are inadequate, DIA requests that further work be undertaken by applicants and that applications be re-submitted. To date, 359 permits have been issued by the registrar pursuant to section 16 of the Aboriginal Heritage Act 1972 since it came into force. (4) Since 10 February 2001, the registrar has approved 81 section 16 permits. (5) See (2). (6) The Aboriginal Heritage Act does not contain a provision enabling prosecution for breach of section 16 of the Act.
The question was asked on 24 April 2003. Hon GRAHAM GIFFARD replied: I thank the member for some notice of this question. The answer provided by the minister is as follows - (1) This information is not readily available. Provision of this information would require considerable research that would divert staff from their normal duties. The minister is not prepared to allocate the State’s resources to provide a response. If the member has a more specific inquiry, the minister will endeavour to provide a reply. (2)-(3) The Department of Indigenous Affairs does not recommend the approval of section 16 applications. The process is as follows: upon receipt of an application, the Registrar of Aboriginal Sites and DIA officers review the application to ensure that sufficient consultation, including with Aboriginal people, has occurred prior to the registrar considering approval of the permits. If the applications are inadequate, DIA requests that further work be undertaken by applicants and that applications be re-submitted. To date, 359 permits have been issued by the registrar pursuant to section 16 of the Aboriginal Heritage Act 1972 since it came into force. (4) Since 10 February 2001, the registrar has approved 81 section 16 permits. (5) See (2). (6) The Aboriginal Heritage Act does not contain a provision enabling prosecution for breach of section 16 of the Act.
Hon GRAHAM GIFFARD replied: I thank the member for some notice of this question. The answer provided by the minister is as follows - (1) This information is not readily available. Provision of this information would require considerable research that would divert staff from their normal duties. The minister is not prepared to allocate the State’s resources to provide a response. If the member has a more specific inquiry, the minister will endeavour to provide a reply. (2)-(3) The Department of Indigenous Affairs does not recommend the approval of section 16 applications. The process is as follows: upon receipt of an application, the Registrar of Aboriginal Sites and DIA officers review the application to ensure that sufficient consultation, including with Aboriginal people, has occurred prior to the registrar considering approval of the permits. If the applications are inadequate, DIA requests that further work be undertaken by applicants and that applications be re-submitted. To date, 359 permits have been issued by the registrar pursuant to section 16 of the Aboriginal Heritage Act 1972 since it came into force. (4) Since 10 February 2001, the registrar has approved 81 section 16 permits. (5) See (2). (6) The Aboriginal Heritage Act does not contain a provision enabling prosecution for breach of section 16 of the Act.
I thank the member for some notice of this question. The answer provided by the minister is as follows - (1) This information is not readily available. Provision of this information would require considerable research that would divert staff from their normal duties. The minister is not prepared to allocate the State’s resources to provide a response. If the member has a more specific inquiry, the minister will endeavour to provide a reply. (2)-(3) The Department of Indigenous Affairs does not recommend the approval of section 16 applications. The process is as follows: upon receipt of an application, the Registrar of Aboriginal Sites and DIA officers review the application to ensure that sufficient consultation, including with Aboriginal people, has occurred prior to the registrar considering approval of the permits. If the applications are inadequate, DIA requests that further work be undertaken by applicants and that applications be re-submitted. To date, 359 permits have been issued by the registrar pursuant to section 16 of the Aboriginal Heritage Act 1972 since it came into force. (4) Since 10 February 2001, the registrar has approved 81 section 16 permits. (5) See (2). (6) The Aboriginal Heritage Act does not contain a provision enabling prosecution for breach of section 16 of the Act.
(1) This information is not readily available. Provision of this information would require considerable research that would divert staff from their normal duties. The minister is not prepared to allocate the State’s resources to provide a response. If the member has a more specific inquiry, the minister will endeavour to provide a reply. (2)-(3) The Department of Indigenous Affairs does not recommend the approval of section 16 applications. The process is as follows: upon receipt of an application, the Registrar of Aboriginal Sites and DIA officers review the application to ensure that sufficient consultation, including with Aboriginal people, has occurred prior to the registrar considering approval of the permits. If the applications are inadequate, DIA requests that further work be undertaken by applicants and that applications be re-submitted. To date, 359 permits have been issued by the registrar pursuant to section 16 of the Aboriginal Heritage Act 1972 since it came into force. (4) Since 10 February 2001, the registrar has approved 81 section 16 permits. (5) See (2). (6) The Aboriginal Heritage Act does not contain a provision enabling prosecution for breach of section 16 of the Act.
(2)-(3) The Department of Indigenous Affairs does not recommend the approval of section 16 applications. The process is as follows: upon receipt of an application, the Registrar of Aboriginal Sites and DIA officers review the application to ensure that sufficient consultation, including with Aboriginal people, has occurred prior to the registrar considering approval of the permits. If the applications are inadequate, DIA requests that further work be undertaken by applicants and that applications be re-submitted. To date, 359 permits have been issued by the registrar pursuant to section 16 of the Aboriginal Heritage Act 1972 since it came into force. (4) Since 10 February 2001, the registrar has approved 81 section 16 permits. (5) See (2). (6) The Aboriginal Heritage Act does not contain a provision enabling prosecution for breach of section 16 of the Act.
(4) Since 10 February 2001, the registrar has approved 81 section 16 permits. (5) See (2). (6) The Aboriginal Heritage Act does not contain a provision enabling prosecution for breach of section 16 of the Act.
(5) See (2). (6) The Aboriginal Heritage Act does not contain a provision enabling prosecution for breach of section 16 of the Act.
(6) The Aboriginal Heritage Act does not contain a provision enabling prosecution for breach of section 16 of the Act.

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