There are two circumstances when the status of a site must be determined. An act to provide for the protection and preservation of the aboriginal heritage. Repeal the aboriginal heritage act 1972 and deliver new aboriginal heritage legislation issues. Versions of this act includes consolidations, reprints and as passed versions subsidiary legislation made under this act current versions history of this act. The new act is said to address contemporary needs and reflect the. An act to make provision for the preservation on behalf of the community of places and objects customarily used by or traditional to the original inhabitants of australia or their descendants, or associated therewith, and for other purposes incidental thereto. Feb 19, 2016 the west australian government intends to proceed with controversial changes to aboriginal heritage legislation, despite progress on the bill stalling for so long that it dropped off the list. The aboriginal heritage bill 2006 parliament of victoria. Act binds crown part 2administration division 1general 5. Aboriginal heritage act 1972 wa australian law journal update. The aboriginal heritage act 1972 requires a register of places and objects to be maintained by the registrar of aboriginal sites. The act government decides whether they want to mainstream services or have. Aboriginal and torres strait islander heritage protection act.
Aboriginal heritage act 1972 wa guidelines interaction between. Police commissioner had power to appoint and sack aboriginal police. Archaeological and aboriginal relics preservation act 1972 state aboriginal and torres strait islander heritage protection act 1984 commonwealth planning and environment act 1987 subdivisions act 1988 extractive industries development act 1995 australian heritage commission act 1975 commonwealth mineral resources development. Heritage act 1972and the native title act 1993 and the preferred approach before, and during, river and wetland restoration activities to ensure that sites of heritage or spiritual significance are protected. Aboriginal heritage act 1972 an act to make provision for the preservation on behalf of the community of places and objects customarily used by or traditional to the original inhabitants of australia or their descendants, or associated therewith, and for other purposes incidental thereto.
It contains information about organisations, people, policies, legislation and events related to the history of child welfare. Outcomes of the act whole of government aboriginal and torres strait islander agreement consultation process. 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. Application of part and establishment of reserved lands 19 27. Traditional owners lose out in proposed reforms to the wa. The long title for the bill was to provide for the protection of aboriginal cultural heritage in victoria, to repeal the archaeological and aboriginal relics preservation act 1972 and for other purposes. Aboriginal cultural heritage management guidelines ymac. State government proposes beneficial reforms of aboriginal heritage act public consultation period opens greater clarity, certainty, compliance, effectiveness, efficiency, fairness and flexibility are the foundations of proposed reforms of the aboriginal heritage act 1972 announced today by indigenous affairs minister peter collier. Short title this act may be cited as the aboriginal heritage act 1972 1.
The need for a heritage survey framework under the alternative heritage agreement. Aboriginal heritage act 1972, 18 nov 20, current, 04g005, pdf. Presentation an aboriginal heritage management plan is a written report with a standard format. Was newlook aboriginal heritage policy and the assessment. The west australian government intends to proceed with controversial changes to aboriginal heritage legislation, despite progress on the bill stalling for so long that it dropped off the list.
The handover was the first cultural heritage agreement in victoria to be signed under the aboriginal heritage act 2006. Licensee to safeguard the aboriginal heritage information provided by the licensor from unauthorised amendment, access or use, including access or use by third parties. Outcomes of the act whole of government aboriginal and. Do you want to join multiple pdf documents into a single pdf document. Outcomes of the act whole of government aboriginal and torres. The aboriginal heritage act of 1972 is the foremost legislation in the protection of aboriginal heritage within the western australia wa. Readers should note that this paper was prepared prior to the passage of the aboriginal heritage act 2006 through both houses of the victorian parliament on the 4th may. Aboriginal and historic relics preservation act 1965. The note also provides a brief overview of the spiritual significance and history of rivers and wetlands to aboriginal people. Native title act process department of mines, industry. Review of the aboriginal heritage act 1972 phase two. Inthe light ofthe robinson vacmc decision, will allthese sites be reassessed bytheacmc toascertain whether evaluation ofsection 5bwas a contributing factor.
Aboriginal heritage act 1972 western australian legislation. On 27 november 2014, the last day of years parliamentary sittings, the barnett government introduced the aboriginal heritage amendment bill 2014. It continues to be the case that aboriginal heritage may not be legally harmed other than in. Aboriginal affairs planning authority act 1972, 024 of 1972, pdf word html aboriginal communities act 1979, 008 of 1979, pdf. Despite the amendment of section 21b of the aboriginal and torres strait islander heritage protection act 1984, any delegation by the minister to an officer of the department that was in force under that section immediately before the day schedules 1 and 2 to this act commence continues in force on and after that day as if it were a delegation. All sectors of society have been invited to have their say on how aboriginal heritage in western australia should be recognised, protected and conserved. This document is from an electronic database of legislation maintained by the. Maakt het mogelijk om pdfbestanden samen te voegen met een simpele draganddrop interface. Choose from a variety of file types multiple pdf files, microsoft word documents, microsoft excel spreadsheets, microsoft powerpoint.
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. Aboriginal heritage management plan for the purposes of. Version incorporating amendments as at 1 january 2012. Consolidated version, currency start, currency end, suffix, download. This bill proposes the repeal of the current legislation the heritage of western australia act 1990 the current act replacing it, according to the explanatory memorandum, with a modern, clearly written heritage act 2017 the new act. Aboriginal affairs planning authority act 1972 contents page ii this printout is not an official version of the legislation 23. Traditional owners lose out in proposed reforms to the wa aboriginal heritage act the western australian government has released longawaited draft amendments to the aboriginal heritage act 1972, two years after the last round of public consultation. The guidelines list criteria that will be taken into account when determining whether a place is a sacred, ritual or ceremonial site which are. While the proposed amendments increase penalties for the destruction of registered sites, overall. Act amended 10 this act amends the aboriginal heritage act 1972. Aboriginal heritage department of planning, lands and. Willthe minister provide alistofallsuch sites referred toini.
The department is responsible for protecting aboriginal heritage, assisting with compliance with the act and providing access to heritage information. Commencement this act shall come into operation on a date to be fixed by proclamation 1. The effectiveness of the aboriginal heritage act 1972. How to combine files into a pdf adobe acrobat dc tutorials. The act passed with some minor amendments and was assented to on the 9th of may 2006 act no. 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. Any hard copy mapsreports derived from the aboriginal heritage information shall include an acknowledgment to the licensor, the number of this licence agreement.
Inquiry into the establishment and effectiveness of. Mr knaggs, the property owner, said he knew the area contained an aboriginal burial site when he bought 890 ha at undera north about a year ago. Aboriginal heritage act 1988 table of provisions long title part 1preliminary 1. Media statements feedback on aboriginal heritage act reform. New lands may be reserved 17 part iii reserved lands 26.
Terms used in this act part ii application and traditional use 5. It was effective from 28 may 2007, and gazetted on 24 may 2007. Cultural record landscapes queensland and queensland estate act 1987 qld, s. 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. Aug 01, 2016 the aboriginal heritage amendment act 2016 amendment act, which makes changes to the aboriginal heritage act 2006, commenced today. Mar 31, 2005 despite the amendment of section 21b of the aboriginal and torres strait islander heritage protection act 1984, any delegation by the minister to an officer of the department that was in force under that section immediately before the day schedules 1 and 2 to this act commence continues in force on and after that day as if it were a delegation. If this apparent breach of both the racial discrimination act and the native title act seems bad enough, things in wa look set to become significantly worse.
Aboriginal heritage act 1972 application and traditional use part ii s. Police commissioner had power to appoint and sack aboriginal police aides. Aboriginal heritage act 1972 wa guidelines aboriginal. The aboriginal heritage act 1972 aha protects all aboriginal heritage sites in western australia, whether or not they are registered with the. The aboriginal heritage amendment act 2016 amendment act, which makes changes to the aboriginal heritage act 2006, commenced today. Deze gratis online tool maakt het mogelijk om meerdere pdf bestanden of afbeeldingen te combineren in een pdf document. Amendments include a number of significant changes to the way that aboriginal heritage is managed in victoria. Only amendments that have commenced are incorporated. The western australian government is committed to the protection and preservation of aboriginal. Short title this act may be cited as the aboriginal heritage act 19721. Heritage act 1977 no 6 nsw part 1 preliminary historical version valid from 11.
First act that focused on aboriginal cultural heritage. Protection of indigenous heritage in selected jurisdictions. Aboriginal heritage act 1972 wa the aboriginal heritage act 1972 provides for the recognition, protection and preservation of aboriginal sites in western australia. Cultural heritage agreements yorta yorta nation aboriginal. The aboriginal heritage act 1988 is the principal south australian legislation protecting and preserving the states aboriginal heritage the aboriginal affairs and reconciliation division of the south australian department of premier and cabinet has responsibility for managing this legislation, so ensuring south australias aboriginal heritage is protected, preserved, and transmitted into. Wa government to proceed with controversial changes to. A future act is an act done after the 1 january 1994, which affects native title. Aboriginal cultural heritage act 2003 reprinted as in force on 26 march 2010 reprint no. Review of the aboriginal heritage act 1972 wa dplh. Commencement this act shall come into operation on a date to be fixed by. Western australian legislation aboriginal heritage act 1972. The current act is 47 years old and does not reflect developments in the legal rights and expectations of aboriginal people or contemporary standards of heritage management. Aim is protection of heritage sites of significance to persons of aboriginal descent. 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.
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