A parliamentary question regarding vehicle access to the Jaburara Heritage Trail and potential damage to Indigenous heritage sites. The Minister acknowledges the question and clarifies the limitations of their power under the Aboriginal Heritage Act.

AnsweredQoN 612Legislative Council
Asked
8 September 2010
Portfolio
Indigenous Affairs

QuestionView source ↗

JABURARA HERITAGE TRAIL — ACCESS BY MOTOR VEHICLES
I refer to the Jaburara heritage trail in Karratha. (1) Is the minister aware that the Jaburara heritage walking trail is being accessed by vehicles at its eastern end? (2) Given that the Jaburara heritage trail is surrounding by and contains Indigenous heritage material in site 11575, will the minister immediately stop motor vehicles accessing and destroying this site? Hon SIMON O’BRIEN

AnswerView source ↗

I thank the honourable member for some notice of this question. The Minister for Indigenous Affairs has provided the following response — (1) No. (2) Under the Aboriginal Heritage Act 1972, the Minister for Indigenous Affairs can initiate and pursue prosecution for any breach of section 17 of that act. A breach includes any activity that causes impact on the heritage values of any Aboriginal site. The minister has no power under the Aboriginal Heritage Act to stop motor vehicles accessing the trail. The minister, through the Department of Indigenous Affairs, can investigate damage to sites and pursue prosecution if a breach has occurred.
(1) Is the minister aware that the Jaburara heritage walking trail is being accessed by vehicles at its eastern end? (2) Given that the Jaburara heritage trail is surrounding by and contains Indigenous heritage material in site 11575, will the minister immediately stop motor vehicles accessing and destroying this site? Hon SIMON O’BRIEN replied: I thank the honourable member for some notice of this question. The Minister for Indigenous Affairs has provided the following response — (1) No. (2) Under the Aboriginal Heritage Act 1972, the Minister for Indigenous Affairs can initiate and pursue prosecution for any breach of section 17 of that act. A breach includes any activity that causes impact on the heritage values of any Aboriginal site. The minister has no power under the Aboriginal Heritage Act to stop motor vehicles accessing the trail. The minister, through the Department of Indigenous Affairs, can investigate damage to sites and pursue prosecution if a breach has occurred.
(2) Given that the Jaburara heritage trail is surrounding by and contains Indigenous heritage material in site 11575, will the minister immediately stop motor vehicles accessing and destroying this site? Hon SIMON O’BRIEN replied: I thank the honourable member for some notice of this question. The Minister for Indigenous Affairs has provided the following response — (1) No. (2) Under the Aboriginal Heritage Act 1972, the Minister for Indigenous Affairs can initiate and pursue prosecution for any breach of section 17 of that act. A breach includes any activity that causes impact on the heritage values of any Aboriginal site. The minister has no power under the Aboriginal Heritage Act to stop motor vehicles accessing the trail. The minister, through the Department of Indigenous Affairs, can investigate damage to sites and pursue prosecution if a breach has occurred.
Hon SIMON O’BRIEN replied: I thank the honourable member for some notice of this question. The Minister for Indigenous Affairs has provided the following response — (1) No. (2) Under the Aboriginal Heritage Act 1972, the Minister for Indigenous Affairs can initiate and pursue prosecution for any breach of section 17 of that act. A breach includes any activity that causes impact on the heritage values of any Aboriginal site. The minister has no power under the Aboriginal Heritage Act to stop motor vehicles accessing the trail. The minister, through the Department of Indigenous Affairs, can investigate damage to sites and pursue prosecution if a breach has occurred.
I thank the honourable member for some notice of this question. The Minister for Indigenous Affairs has provided the following response — (1) No. (2) Under the Aboriginal Heritage Act 1972, the Minister for Indigenous Affairs can initiate and pursue prosecution for any breach of section 17 of that act. A breach includes any activity that causes impact on the heritage values of any Aboriginal site. The minister has no power under the Aboriginal Heritage Act to stop motor vehicles accessing the trail. The minister, through the Department of Indigenous Affairs, can investigate damage to sites and pursue prosecution if a breach has occurred.
(1) No. (2) Under the Aboriginal Heritage Act 1972, the Minister for Indigenous Affairs can initiate and pursue prosecution for any breach of section 17 of that act. A breach includes any activity that causes impact on the heritage values of any Aboriginal site. The minister has no power under the Aboriginal Heritage Act to stop motor vehicles accessing the trail. The minister, through the Department of Indigenous Affairs, can investigate damage to sites and pursue prosecution if a breach has occurred.
(2) Under the Aboriginal Heritage Act 1972, the Minister for Indigenous Affairs can initiate and pursue prosecution for any breach of section 17 of that act. A breach includes any activity that causes impact on the heritage values of any Aboriginal site. The minister has no power under the Aboriginal Heritage Act to stop motor vehicles accessing the trail. The minister, through the Department of Indigenous Affairs, can investigate damage to sites and pursue prosecution if a breach has occurred.

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