It recommends that the review consider the role of the EPBC Act including how national level protections are given effect and interaction with the development approval and assessment process under the EPBC Act. Queensland Legislation. 1 0 obj
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Department of Natural Resources and Mines (2005) "Cultural Heritage - Your Duty of Care". Draft Aboriginal Cultural Heritage Bill 2018, Discussion Paper: Statutory Review of the, Discussion Paper 3: Reform Options – Aboriginal cultural heritage management and the mineral exploration process, Review of the Aboriginal Heritage Act 1972: Proposals for new legislation to recognise, protect and celebrate WA’s Aboriginal Heritage –, Stronger Partners Stronger Futures Discussion Paper 3: Reform Options – Aboriginal cultural heritage management and the mineral exploration process, https://amp-smh-com-au.cdn.ampproject.org/c/s/amp.smh.com.au/business/banking-and-finance/mine-approval-laws-allow-systematic-erasure-of-indigenous-culture-20200617-p553ee.html, https://www.abc.net.au/news/2020-06-11/renewed-scrutiny-over-decision-not-to-protect-sacred-sites-nsw/12344422, https://www.abc.net.au/news/2019-12-06/highway-upgrade-stalls-again-court-upholds-appeal-sacred-trees/11773142, https://www.afr.com/companies/mining/rio-tinto-blast-sparks-rush-to-change-state-federal-indigenous-laws-20200529-p54xmc, https://www.pm.gov.au/media/address-%E2%80%93-ceda%E2%80%99s-state-nation-conference, https://minister.awe.gov.au/ley/media-releases/reform-australias-environment-laws, https://www.legislation.gov.au/Browse/Results/ByPublicationDate/Gazettes/InForce/2020/0, Anti-Facilitation of Tax Evasion Statement. then Queensland Natural Resources and Water Minister Craig Wallace) gave example of the kinds of things he believes to be Aboriginal cultural heritage as follows: "Cultural Heritage relates to significant Aboriginal .. objects and places, or archaeological or historic evidence of indigenous occupation of an area ...These can be rock shelters, carved or scarred trees, engravings, paintings, shell middens, fish traps, grinding grooves, earth and stone arrangements and other artifacts. Queensland TORRES STRAIT ISLANDER CULTURAL HERITAGE BILL 2003 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY Division 1--Introduction 1 Short title ����"�@��w��q�e��qO���>y2�;d��-�Hݬ#�/l�iC�*8��p7!#��'��Ӳ��k���spO��F/��n�ŧ���L}}�O�[�@�\FEX�S��M�����MĘ�����,���6[�XF�`�#�AL:6Pg�����[�iM���]�E\��-� ]�h�Dx���H.
What are the penalties for unlawful harm to Indigenous cultural heritage under heritage laws and are any changes proposed? This was replaced by the Cultural Record (Landscapes Queensland and Queensland Estate) Act 1987,[5] which was in turn replaced by the 2003 Act. endobj
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Queensland Department of Natural Resources and Mines (2006), Aboriginal Cultural Heritage Act 2003 (Qld), Cultural Record (Landscapes Queensland and Queensland Estate) Act 1987, Torres Strait Islander Cultural Heritage Act 2003, Queensland Cultural Heritage Coordination Unit web page, Queensland Cultural Heritage Coordination Unit's (2007), Queensland Department of Natural Resources and Water's Summary of the Aboriginal Cultural Heritage Act 2003 (Qld), Hansard Record of Queensland Parliamentary Proceedings, 21 August 2003, Queensland Parliament (2007) Aboriginal Cultural Heritage Act 2003. √ SOURCE: 3. Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984. Knowingly damage Aboriginal cultural heritage: Draft Aboriginal Cultural Heritage Bill 2018: Intentionally or recklessly damages Aboriginal object, ancestral remains or other Aboriginal cultural heritage and the harm is not trivial: $1,100,000 or 6 months imprisonment or both. However, the legislative background is not unique to WA. Research indicates that between 2012 and 2017, only 1 of the 704 applications for permits to harm Aboriginal cultural heritage (required for developments which are not State significant developments or infrastructure) was refused.3. While the Minister recognised the “immeasurable cultural values and connection to Country”4 provided by a site to the Gomeroi People, she ultimately held that the economic and social benefits of the Shenhua Watermark Mine outweighed the loss of heritage value. It appears that the COVID-19 pandemic, together with other economic factors such as depressed oil prices, are no exception. A Minister who was responsible for implementing the Aboriginal Cultural Heritage Act 2003 (i.e. It is reported that of the 907 section 18 applications since 2010, only three have been rejected.1 This inquiry takes place at the same time as the Western Australian Government’s effort to reform the Aboriginal Heritage Act 1972 (WA) (WA Act). Declarations to protect heritage: Minister. There have also been concerns for several years about the adequacy of the protections afforded under the Commonwealth Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) (ATSIHP Act).
Cultural heritage management plans (CHMP): The CHMP (prepared in consultation with the relevant Indigenous party) is approved by the Chief Executive of the Department of Aboriginal and Torres Strait Islander Partnerships or Minister. Some state legislation and the ATSIHP Act are overdue for reform. �a�C
�� �,q� The Stronger Partners Stronger Futures Discussion Paper 3: Reform Options – Aboriginal cultural heritage management and the mineral exploration process does not consider whether the penalties for offences are adequate. Who should decide and how can proponents maintain their social licence to operate? “It has been almost ten years since the last significant review of the Acts and in that time, Queensland has seen social, technological and economic change,” Ms Trad said. List two culturally appropriate practices that you could provide within your workplace.
Queensland TORRES STRAIT ISLANDER CULTURAL HERITAGE BILL 2003 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY Division 1--Introduction 1 Short title �2 ��&���#���[
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{ �A�� Torres Strait Islander Cultural Heritage Act 2003. Individual: $20,000 and imprisonment for 9 months (first offence), $40,000 and 2 years imprisonment (subsequent offence), and $400 daily penalty. This page was last edited on 1 July 2020, at 12:25. ��+�Ȁ�$K.��X�s��v��D%��Y���=nu)!����"
It suggests that the national review consider processes currently underway that are looking to improve Indigenous cultural heritage protection outcomes, such as the work of the Heritage Chairs and Officials of Australia and New Zealand to develop 'Best Practice Standards in Indigenous Cultural Heritage Management and Legislation'.
August 2020. Individual: $62,800 or imprisonment for 2 years, Knowingly damage or remove a heritage place or object: $62,800 or 2 years imprisonment. Excavation applications, applications for approval of Statement of Heritage Effect, and applications for approval of conservation management plans: Heritage Council. 2) Torres Strait Island cultural heritage ACT2003, this legislation provides recognition, protection, and conservation of the cultural heritage of the Torres Strait Island People. Respecting the diversity of culture is essential to the cultural safety of the workplace. Authority Certificate to carry out work on Sacred Sites: Aboriginal Areas Protection Authority.
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Cultural heritage permit: A relevant registered Aboriginal party; or, if there is none, the Secretary to the Department of Premier and Cabinet. See our upcoming legal update for a summary of the Interim Report.8. Agreements made under other legislation: Minister. To date very few declarations have been made under the ATSIHP Act. Details and instructions on how to disable those cookies are set out at.
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