❓ A parliamentary question regarding the interpretation and application of the Aboriginal Heritage Act 1972, specifically concerning the protection of Aboriginal heritage sites and objects, both registered and unregistered.
AnsweredQoN 318Legislative Council
QuestionView source ↗
ABORIGINAL
HERITAGE ACT 1972 — HERITAGE PLACES PROTECTION
318. Hon ROBIN CHAPPLE to the Minister for Aboriginal
Affairs:
I refer to the Aboriginal Heritage Act 1972.
(1) What is to be included on the register as detailed in
section 38 of the Aboriginal Heritage Act 1972?
(2) Is there
any requirement in the Aboriginal Heritage Act 1972 that those things described
in answer to (1) above need to be assessed and be on the register?
(3) Is it
correct that all things defined in section 38 of the Aboriginal Heritage Act
1972 have protection under sections 5 and 6 of the Aboriginal Heritage Act
1972?
(4) If no to
(3), why not?
(5) If yes to
(3), why did the minister say in answer to a question without notice on 11 June
2013 that those sites that were not on the register had no legal status?
(6) Is it
correct that any Aboriginal sacred, ritual or ceremonial sites, and objects,
natural or artificial, whether they are on the register or not, are protected
by the Aboriginal Heritage Act 1972?
HERITAGE ACT 1972 — HERITAGE PLACES PROTECTION
318. Hon ROBIN CHAPPLE to the Minister for Aboriginal
Affairs:
I refer to the Aboriginal Heritage Act 1972.
(1) What is to be included on the register as detailed in
section 38 of the Aboriginal Heritage Act 1972?
(2) Is there
any requirement in the Aboriginal Heritage Act 1972 that those things described
in answer to (1) above need to be assessed and be on the register?
(3) Is it
correct that all things defined in section 38 of the Aboriginal Heritage Act
1972 have protection under sections 5 and 6 of the Aboriginal Heritage Act
1972?
(4) If no to
(3), why not?
(5) If yes to
(3), why did the minister say in answer to a question without notice on 11 June
2013 that those sites that were not on the register had no legal status?
(6) Is it
correct that any Aboriginal sacred, ritual or ceremonial sites, and objects,
natural or artificial, whether they are on the register or not, are protected
by the Aboriginal Heritage Act 1972?
AnswerView source ↗
I thank the honourable member for some notice of this
question.
(1) All places
and objects that meet the requirements of sections 5 and 6 of the Aboriginal
Heritage Act 1972.
(2) No. However,
it is a longstanding practice that registered sites are assessed by the
Aboriginal Cultural Material Committee as meeting sections 5 and 6 of the
Aboriginal Heritage Act 1972. All other records of places and objects are
stored on the Aboriginal heritage inquiry system.
(3) No.
(4) The
categories in section 38 have to be assessed as meeting the definitions of
sections 5 and 6 of the Aboriginal Heritage Act 1972.
(5) Not applicable.
(6) Yes, if they meet the definitions of sections 5 and 6 of
the Aboriginal Heritage Act 1972.
question.
(1) All places
and objects that meet the requirements of sections 5 and 6 of the Aboriginal
Heritage Act 1972.
(2) No. However,
it is a longstanding practice that registered sites are assessed by the
Aboriginal Cultural Material Committee as meeting sections 5 and 6 of the
Aboriginal Heritage Act 1972. All other records of places and objects are
stored on the Aboriginal heritage inquiry system.
(3) No.
(4) The
categories in section 38 have to be assessed as meeting the definitions of
sections 5 and 6 of the Aboriginal Heritage Act 1972.
(5) Not applicable.
(6) Yes, if they meet the definitions of sections 5 and 6 of
the Aboriginal Heritage Act 1972.
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