❓ A WA parliamentary question reveals the absence of specific state legislation protecting paleontological objects and fossils from unlawful removal, highlighting reliance on reserve-specific laws, crown ownership on crown land, and federal export controls.
AnsweredQoN 762Legislative Council
QuestionView source ↗
(1) Does any legislation in Western Australia create as an offence the unlawful removal from WA of protected palaeontologic objects or other fossils; if so, what is the legislation? (2) If no to (1), can the minister advise how protected palaeontologic objects and other fossils are protected from unlawful removal from Western Australia? Hon KEN TRAVERS
AnswerView source ↗
I note that I answer this question on behalf of the Parliamentary Secretary to the Minister for the Culture and Arts. (1) There is no specific legislation. (2) Fossils or palaeontologic objects found in a particular reserve can be protected under legislation governing the reserve, for example, with national parks. It is understood that any fossils found on crown land automatically becomes crown property, as occurred, for example, with the recent prosecution over the stolen dinosaur footprints in Broome. However, it is possible to legally obtain fossils from crown land; for example, with miners’ rights. Currently, the Crown has no ownership rights over fossils if they are found on private land. Federal legislation in the form of the Protection of Moveable Cultural Heritage Act 1986 makes it illegal to export from Australia without a permit.
(2) If no to (1), can the minister advise how protected palaeontologic objects and other fossils are protected from unlawful removal from Western Australia? Hon KEN TRAVERS replied: I note that I answer this question on behalf of the Parliamentary Secretary to the Minister for the Culture and Arts. (1) There is no specific legislation. (2) Fossils or palaeontologic objects found in a particular reserve can be protected under legislation governing the reserve, for example, with national parks. It is understood that any fossils found on crown land automatically becomes crown property, as occurred, for example, with the recent prosecution over the stolen dinosaur footprints in Broome. However, it is possible to legally obtain fossils from crown land; for example, with miners’ rights. Currently, the Crown has no ownership rights over fossils if they are found on private land. Federal legislation in the form of the Protection of Moveable Cultural Heritage Act 1986 makes it illegal to export from Australia without a permit.
Hon KEN TRAVERS replied: I note that I answer this question on behalf of the Parliamentary Secretary to the Minister for the Culture and Arts. (1) There is no specific legislation. (2) Fossils or palaeontologic objects found in a particular reserve can be protected under legislation governing the reserve, for example, with national parks. It is understood that any fossils found on crown land automatically becomes crown property, as occurred, for example, with the recent prosecution over the stolen dinosaur footprints in Broome. However, it is possible to legally obtain fossils from crown land; for example, with miners’ rights. Currently, the Crown has no ownership rights over fossils if they are found on private land. Federal legislation in the form of the Protection of Moveable Cultural Heritage Act 1986 makes it illegal to export from Australia without a permit.
I note that I answer this question on behalf of the Parliamentary Secretary to the Minister for the Culture and Arts. (1) There is no specific legislation. (2) Fossils or palaeontologic objects found in a particular reserve can be protected under legislation governing the reserve, for example, with national parks. It is understood that any fossils found on crown land automatically becomes crown property, as occurred, for example, with the recent prosecution over the stolen dinosaur footprints in Broome. However, it is possible to legally obtain fossils from crown land; for example, with miners’ rights. Currently, the Crown has no ownership rights over fossils if they are found on private land. Federal legislation in the form of the Protection of Moveable Cultural Heritage Act 1986 makes it illegal to export from Australia without a permit.
(1) There is no specific legislation. (2) Fossils or palaeontologic objects found in a particular reserve can be protected under legislation governing the reserve, for example, with national parks. It is understood that any fossils found on crown land automatically becomes crown property, as occurred, for example, with the recent prosecution over the stolen dinosaur footprints in Broome. However, it is possible to legally obtain fossils from crown land; for example, with miners’ rights. Currently, the Crown has no ownership rights over fossils if they are found on private land. Federal legislation in the form of the Protection of Moveable Cultural Heritage Act 1986 makes it illegal to export from Australia without a permit.
(2) Fossils or palaeontologic objects found in a particular reserve can be protected under legislation governing the reserve, for example, with national parks. It is understood that any fossils found on crown land automatically becomes crown property, as occurred, for example, with the recent prosecution over the stolen dinosaur footprints in Broome. However, it is possible to legally obtain fossils from crown land; for example, with miners’ rights. Currently, the Crown has no ownership rights over fossils if they are found on private land. Federal legislation in the form of the Protection of Moveable Cultural Heritage Act 1986 makes it illegal to export from Australia without a permit.
(2) If no to (1), can the minister advise how protected palaeontologic objects and other fossils are protected from unlawful removal from Western Australia? Hon KEN TRAVERS replied: I note that I answer this question on behalf of the Parliamentary Secretary to the Minister for the Culture and Arts. (1) There is no specific legislation. (2) Fossils or palaeontologic objects found in a particular reserve can be protected under legislation governing the reserve, for example, with national parks. It is understood that any fossils found on crown land automatically becomes crown property, as occurred, for example, with the recent prosecution over the stolen dinosaur footprints in Broome. However, it is possible to legally obtain fossils from crown land; for example, with miners’ rights. Currently, the Crown has no ownership rights over fossils if they are found on private land. Federal legislation in the form of the Protection of Moveable Cultural Heritage Act 1986 makes it illegal to export from Australia without a permit.
Hon KEN TRAVERS replied: I note that I answer this question on behalf of the Parliamentary Secretary to the Minister for the Culture and Arts. (1) There is no specific legislation. (2) Fossils or palaeontologic objects found in a particular reserve can be protected under legislation governing the reserve, for example, with national parks. It is understood that any fossils found on crown land automatically becomes crown property, as occurred, for example, with the recent prosecution over the stolen dinosaur footprints in Broome. However, it is possible to legally obtain fossils from crown land; for example, with miners’ rights. Currently, the Crown has no ownership rights over fossils if they are found on private land. Federal legislation in the form of the Protection of Moveable Cultural Heritage Act 1986 makes it illegal to export from Australia without a permit.
I note that I answer this question on behalf of the Parliamentary Secretary to the Minister for the Culture and Arts. (1) There is no specific legislation. (2) Fossils or palaeontologic objects found in a particular reserve can be protected under legislation governing the reserve, for example, with national parks. It is understood that any fossils found on crown land automatically becomes crown property, as occurred, for example, with the recent prosecution over the stolen dinosaur footprints in Broome. However, it is possible to legally obtain fossils from crown land; for example, with miners’ rights. Currently, the Crown has no ownership rights over fossils if they are found on private land. Federal legislation in the form of the Protection of Moveable Cultural Heritage Act 1986 makes it illegal to export from Australia without a permit.
(1) There is no specific legislation. (2) Fossils or palaeontologic objects found in a particular reserve can be protected under legislation governing the reserve, for example, with national parks. It is understood that any fossils found on crown land automatically becomes crown property, as occurred, for example, with the recent prosecution over the stolen dinosaur footprints in Broome. However, it is possible to legally obtain fossils from crown land; for example, with miners’ rights. Currently, the Crown has no ownership rights over fossils if they are found on private land. Federal legislation in the form of the Protection of Moveable Cultural Heritage Act 1986 makes it illegal to export from Australia without a permit.
(2) Fossils or palaeontologic objects found in a particular reserve can be protected under legislation governing the reserve, for example, with national parks. It is understood that any fossils found on crown land automatically becomes crown property, as occurred, for example, with the recent prosecution over the stolen dinosaur footprints in Broome. However, it is possible to legally obtain fossils from crown land; for example, with miners’ rights. Currently, the Crown has no ownership rights over fossils if they are found on private land. Federal legislation in the form of the Protection of Moveable Cultural Heritage Act 1986 makes it illegal to export from Australia without a permit.
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