Jul 20, 2016 victoria will be the first state in australia to protect aboriginal cultural knowledge, artistic traditions, stories, and other cultural heritage under new intangible heritage laws. Archaeological and aboriginal relics preservation act 1972 victoria. Aboriginallandnativetitleandheritage ntlawhbk austlii. Chapter 1issues in the legal protection of australian. Often, a sense of history and age may contribute to the significance of a place or object. Formerly, aboriginal sites could be nominated for inclusion on the register of the national estate under the australian heritage commission act 1975 cth repealed. Reprint of the aboriginal heritage act 1972 as at 24 jun 1981 includes amendments listed above. This act applies to a any place of importance and significance where persons of aboriginal descent have, or appear to have, left any object, natural or artificial, used for, or made or adapted for use for, any purpose connected with the traditional cultural life of the aboriginal people, past or present. Useful downloads on aboriginal heritage in lane cove, manly. Willthe minister provide alistofallsuch sites referred toini.
Aboriginal heritage management plan for the purposes of. Fact sheetprohibition on the export of aboriginal and. Aboriginal heritage and native title landtrack systems. You are directed to a disclaimer and notice governing the information provided. Part 5a covers aboriginal intangible heritage, and prohibits the knowing exploitation of registered aboriginal intangible heritage for commercial purposes without the consent of the traditional owners, prescribing a penalty of up to. It creates the victorian aboriginal heritage council membership to consist of 11 aboriginal people, registered aboriginal parties to include aboriginal people in decision making and a. The aboriginal heritage act 2006 of the state of victoria, australia was enacted to provide for the protection of aboriginal cultural heritage in victoria. The state of tasmania the department of premier and cabinet 2020 ver. It is a statutory corporation consisting of aboriginal people appointed by the state minister for aboriginal affairs.
Article 5 also guarantees indigenous peoples the right to free access to shrines and sacred places. Aboriginal heritage management plan for the purposes of the. This report will take the intent of the aboriginal heritage act and compare it to the implementation and internal systems and workings within the appropriate authorities. Victoria will be the first state in australia to protect aboriginal cultural knowledge, artistic traditions, stories, and other cultural heritage under new intangible heritage laws. A national first for aboriginal heritage protection. A new aboriginal heritage system for wa herbert smith freehills.
However, the register was closed in 2007, and the protection of heritage places for which the australian government is responsible continues under the environment protection and. If you do not have a copy of this software, it is available free at. Reprint of the aboriginal heritage act 1972 as at 24 jun 1981 includes amendments listed above acts amendment financial administration and audit act 1985 s. Native title and aboriginal heritage an introduction to the law and the policy for staff of local government and statutory authorities culture, colonisation and country. Review of the western australian aboriginal heritage act 1972 the wa division of the eianz is pleased to have this opportunity to provide feedback to the wa government on its consultation paper. The effectiveness of the aboriginal heritage act 1972.
Contents part 1preliminary 1 short title 2 commencement 3 amendment provisions. Interpretation in this act, unless the context requires otherwise, aboriginal means pertaining to the original inhabitants of. In july 20, the acmc adopted new guidelines in relation to s 5 of the ah act, which included public release of a document titled section 5 of the aboriginal heritage act 1972 wa s 5 guidelines. You should contact the national parks and wildlife service site register see above contact details to determine whether the aboriginal site is located on your property. The aboriginal heritage office receives many queries on aboriginal words, place names, languages, and clan groups both from councils and the general public. Were a dreaming country national trust of australia. The following is a sample format for the development of an aboriginal heritage management plan that is likely to meet the purposes of the aboriginal heritage act 1972.
This document is from an electronic database of legislation maintained by the. In 1972, an aboriginal lands trust was created in western australia. If you do not have a copy of this software, it is available free at reader. Consolidated version, currency start, currency end, suffix, download. Aboriginal heritage act 1972 parliament of western australia. Aboriginal heritage impact assessment of your property may have to be carried out before you lodge a development application. Inthe light ofthe robinson vacmc decision, will allthese sites be reassessed bytheacmc toascertain whether evaluation ofsection 5bwas a contributing factor. Fact sheetprohibition on the export of aboriginal and torres. Aboriginal heritage act 1972 wa the aboriginal heritage act 1972 provides for the recognition, protection and preservation of aboriginal sites in western australia.
Fact sheetprohibition on the export of aboriginal and torres strait islander ancestral remains and secret sacred objects published 24th dec 2019 download pdf 196. You are directed to information on how your personal information is protected. It proposes repealing the existing aboriginal heritage act 1972 wa current act and replacing it with a new act embodying modern. Review of the western australian aboriginal heritage act 1972.
A national first for aboriginal heritage protection premier. These information leaflets on various aboriginal heritage topics are available to download. In proclaiming the aboriginal cultural heritage act 2003, queensland parliament intended to provide blanket statutory protection to all of queenslands aboriginal cultural heritage, irrespective of whether or not that heritage is known toland users. Presentation an aboriginal heritage management plan is a written report with a standard format. It established registered aboriginal parties to act as the primary guardians, keepers and knowledge holders of aboriginal cultural heritage. Aboriginal heritage act 1972 application and traditional use part ii s. In november 1990, the american congress passed the native american graves protection and repatriation act pub. The 2006 aboriginal heritage act aligns heritage issues more closely with planning and development systems, with vcat as the arbiter in the event of disputes. Law today aboriginal people and the law research guides. Short title 2 this is the aboriginal heritage amendment act 2014. Greater recognition for indigenous heritage in victoria. South australia heritage heritage directions amendment act 2005 an act to amend the heritage act 1993 and to make related amendments to the development act 1993, the history trust of south australia act 1981 and the valuation of land act 1971. All health services contemplating any site works on land.
The trust was given control over reserves and other land set aside for aboriginal people. The aboriginal heritage act 2006 of the state of victoria, australia was enacted to provide for. Aboriginal and torres strait islander heritage protection act 1984 cth. Useful downloads on aboriginal heritage in lane cove. The aboriginal heritage act 1972 aha protects all aboriginal heritage sites in. Aboriginal heritage act 1972 wa guidelines aboriginal. Terms used in this act part ii application and traditional use 5.
Nonetheless, title to reserve lands, which make up close to 8 per cent of. Commencement this act shall come into operation on a date to be fixed by proclamation 1. In april 2015 the supreme court found the aboriginal cultural material committees interpretation of section 5b of the aboriginal heritage act 1972 which defines sacred, ritual and ceremonial sites was invalid. The aboriginal cultural heritage act 2003 is legislation passed by queensland parliament, commencing in april 2004 to recognise, protect and conserve aboriginal cultural heritage in the state of queensland. The aboriginal heritage act of 1972 is the foremost legislation in the protection of aboriginal heritage within the western australia wa. Protection of aboriginal heritage in parramatta before lodging a development application for development that may have an impact on known or potential aboriginal sites, you need to find out the sensitivity classification of your property to determine if you need to submit an aboriginal heritage assessment.
Aboriginal heritage act 1975 you are directed to information on how your personal information is protected. A key feature of the act is its creation of a new legal responsibility or statutory duty of care requiring all people across the state to respect, value and protect the states aboriginal. South australia heritage heritage directions amendment. South australia heritage heritage directions amendment act 2005. The future act can be a proposed activity or development on land and or waters that has the potential to affect native title, by extinguishing it or by creating interests that are inconsistent with the existence or exercise of native title.
The guidelines list criteria that will be taken into account when determining whether a place is a sacred, ritual or ceremonial site which are. There is the potential that during construction of the duplicated carriageway, damage, disturbance or. Aboriginal heritage act 1972 western australian legislation. Aboriginal historic timeline aboriginal australian art. An important part of the role of the aboriginal heritage office is to enhance appreciation of aboriginal culture in the wider community.
The act became effective the following year and required all federal institutions and museums to compile a list of american tribal burial goods and human remains. Investigating the changing rights and freedoms of indigenous australians 2008 is the 70th anniversary of the day of mourning 26 january 1938 when a group of indigenous leaders protested against the 150th anniversary of the white mens seizure of our country, and the inferior citizenship status of indigenous people. Sharing our stories is available as a download on the national trust of australia. Act amended 10 this act amends the aboriginal heritage act 1972. In my view, the best way to avoid aboriginal occupations regarding aboriginal burial and heritage sites is to engage aboriginal peoples in the decisionmaking process. A future act is an act done after the 1 january 1994, which affects native title. Report of an aboriginal heritage survey of meekatharra 17.
Like a window into their daytoday life, aboriginal census records can tell you where and how your ancestors worked, their level of education, veteran status, and more. In victoria, the main legislation in force today, along with the acts which hand land back, provide for indigenous heritage issues and cultural and property rights, ie the aboriginal heritage act 2006 and the traditional owner settlement act 2010 the adoption act 1984 and children, youth and families act 2005 include sections relating to aboriginal people, whilst the magistrates court. Consent to certain uses 1 for the purposes of this section, the expression the owner of any land includes a lessee from the crown, and the holder of any mining tenement or mining privilege, or of any right or privilege under the petroleum act 1967, in relation to the land. Among several changes, many sites ceased to be recognised as sites, and new site. Any hard copy mapsreports derived from the aboriginal heritage information shall include an acknowledgment to the licensor, the number of this licence agreement. On august 1 st 2016, a new part 5a of the aboriginal heritage act 2006 vic the act came into force. This act may be cited as the aboriginal heritage act 1972 1. Aboriginal land rights northern territory act 1976 aboriginal land rights northern territory act 1976 c2012c00612 act no.
Aboriginal heritage act 1972 table of provisions long title part i preliminary 1. Iekbestpractice datamanagementguidelinesaprilfinal. Western australian legislation aboriginal heritage act 1972. Licensee to safeguard the aboriginal heritage information provided by the licensor from unauthorised amendment, access or use, including access or use by third parties. This kind of participation is consistent with the honour of the crown and with the general themes of this report. Nov 17, 2015 in november 1990, the american congress passed the native american graves protection and repatriation act pub.
The new provisions are part of reforms to the aboriginal heritage act set to come into effect on august 1. Ahaa question the governments deregistration of these sites in light of the supreme court decision, and asks on what basis they. Commencement 4 this act comes into operation as follows 5 a sections 1 and 2 on the day on which this act 6 receives the royal assent. Heritage in the act environment, planning and sustainable. Versions of this act includes consolidations, reprints and as passed versions subsidiary legislation made under this act current versions history of this act.
Protection of indigenous heritage in selected jurisdictions. Native title act process department of mines, industry. The supreme court in robinson v fielding concluded that guidelines adopted by the aboriginal cultural materials committee for the determination of what is an aboriginal site under the aboriginal heritage act 1972 wa aha are inconsistent with the definition of aboriginal site in the aha this decision had the effect of contradicting an approach which registrar of aboriginal sites. Investigating the changing rights and freedoms indigenous. Aboriginal heritage department of planning, lands and heritage. Aboriginal heritage act 1972, 18 nov 20, current, 04g005, pdf. Australian aboriginal heritage, native title and the law the current shape and form of indigenous reclamation of traditional relationship to land in australia outside the northern territory for the most part is governed by two broad legal institutions. This act may be cited as the aboriginal heritage act 1972. Sep 22, 2016 formerly, aboriginal sites could be nominated for inclusion on the register of the national estate under the australian heritage commission act 1975 cth repealed. In 2011 the western australian government reformed administration of the aboriginal heritage act 1972 the act. They protect and manage the aboriginal cultural heritage in victoria. Inquiry into the establishment and effectiveness of. The history of aboriginal land rights in australia 1800s. See more information on the act s ngunnawal heritage here.
1423 927 209 581 1648 602 1148 1651 526 420 1555 422 983 241 1351 1598 1167 475 1633 1609 726 1176 704 1492 1285 52 1368 283 1246