Review of the aboriginal and torres strait islander heritage protection act 1984 report by hon. Apr 07, 20 the aboriginal and torres strait islander heritage protection act 1984 and the protection of moveable and cultural heritage act 1986 provide a couple of examples of commonwealth legislation which are aimed at protecting some aspects of aboriginal and torres strait islander cultural heritage. The aboriginal and torres strait islander heritage protection act 1984 and the protection of moveable and cultural heritage act 1986 provide a couple of examples of commonwealth legislation which are aimed at protecting some aspects of aboriginal and torres strait islander cultural heritage. This document provides relevant background information in section 3, followed by the technical procedure in sections 6 and 7. Countries called upon australia to ensure the full and effective implementation of the. Torres strait islander heritage protection act 1984 commonwealth, protection of moveable and cultural heritage act 1986 commonwealth, national parks and wildlife act 1974 nsw and heritage act 1977 nsw.
For example, a declaration can stop a development that has been approved or any other activity that has been approved under a state or territory law. The original title of the act was the aboriginal and torres strait islander heritage interim protection act 1984. Aboriginal and torres strait islander heritage protection regulations 1984 statutory rules 1984 no. This fact sheet provides general information and does not constitute legal advice. Aborigines protection act national museum of australia. Protection under the aboriginal and torres strait islander heritage protection act 1984 cth this act6 protects areas and objects in australia or australian waters that are significant to indigenous people in accordance with aboriginal or torres strait islander tradition from injury or desecration. Aboriginal and torres strait islander communities justice, land and other matters act 1984 part 1 preliminary page 8 current as at 9 november 2018 authorised by the parliamentary counsel meaning of the aborigines and torres strait islanders affairs act 1965 and that is maintained at the commencement. Review of the aboriginal and torres strait islander heritage protection act 1984. This act may be cited as the aboriginal and torres strait islander heritage protection act 1984 2 commencement see note 1. The need for legislative recognition and protection of aboriginal languages. You should seek independent legal advice tailored to your individual. Aboriginal and torres strait islander heritage protection act 1984 cth the purpose of the atsihp act was to address a gap in state laws and to encourage states to improve or enact legislation to protect traditional aboriginal sites and objects.
This act replaces part 11a of the commonwealth aboriginal and torres strait islander heritage protection act 1984 and the state archaeological and aboriginal relics preservation act 1972. The aboriginal and torres strait islander heritage protection act 1984. Aboriginal and torres strait islander human remains policy. Submission to the productivity commissions indigenous. The aboriginal and torres strait islander heritage protection act 1984 is legislation passed by the parliament of the commonwealth of australia to enable the. The following checklist notes the minimum information that is required when submitting an atsihp act application. Australian institute of aboriginal and torres strait. The aboriginal and torres strait islander heritage protection act 1984 cth atsihp act requires specific information to be provided as part of the application before it can be actioned by the minister.
Pdf versions of this legislation produced from 23 september. Jun 18, 2015 this is a compilation of the aboriginal and torres strait islander heritage protection act 1984 that shows the text of the law as amended and in force on 18 june 2015 the compilation date. Section 21 1 c, for the purposes of safekeeping aboriginal and torres strait islander human remains, when the relevant aboriginal or torres strait islander community cannot be identified. Indigenous heritage protection, native title and regional. Regulation 4 4 aboriginal and torres strait islander heritage protection regulations 1984 4 prescribed authority for the purposes of paragraph 21 1 c of the act, the museum of australia is an authority for safekeeping. Aboriginal torres strait islander heritage protection act 1984. Aboriginal and torres strait islander heritage protection act. Aboriginal and torres strait islander heritage protection act 1984 atsihp act are the preservation and protection from injury or desecration of areas in australia and in australian waters, being areas and objects that are of particular. Aboriginal lands a ct 1995 national parks and reserves manag ement act 2002 crown lands act 1976. Australian institute of aboriginal and torres strait islander. The cultural heritage unit is responsible for administering the aboriginal cultural heritage act and the torres strait islander cultural heritage act 2003. The atsihp act allows the environment minister, on the application of an aboriginal person or group of persons, to make a declaration to protect an area, object or class of. The duty of care applies to any activity where aboriginal or torres strait islander cultural heritage is located. Introduction to the aboriginal and torres strait islander heritage protection act a request to preserve or protect an area or object, preferably specifying whether the applicant is seeking emergency section 9 or longterm section 10 protection for an area, or both, or protection for an object section 12.
This is a compilation of the aboriginal and torres strait islander heritage protection act 1984 that shows the text of the law as amended and in force on 18 june. This is a compilation of the aboriginal and torres strait islander heritage protection act 1984 that shows the text of the law as amended and in force on 21 october 2016 the compilation date. An act to preserve and protect places, areas and objects of particular significance to aboriginals, and for related purposes. This annual report is the way in which we can have visibility against our needs and priorities. The second major limb of the commonwealth indigenous cultural heritage protection scheme is the epbc act, which provides protection to those places or objects that are listed on the national heritage list and the commonwealth 19 aboriginal and torres strait islander heritage protection act. Legislation on this site is usually updated within 3 working days after a change to the legislation. Aboriginal and torres strait islander cultural heritage. Indigenous heritage laws department of agriculture. Aboriginal and torres strait islander heritage protection act 1984 indigenous australians, or their representatives, can apply to the minister seeking protection of an area, object or class of objects from injury or desecration. Indigenous heritage laws department of agriculture, water.
Regulation 4 4 aboriginal and torres strait islander heritage protection regulations 1984 4 prescribed authority for the purposes of paragraph 21 1 c of the act. Introduction to the aboriginal and torres strait islander heritage. This policy has been developed in collaboration with representatives of aboriginal and torres strait islander communities with expertise in aboriginal and torres strait islander art and culture. Government to the aboriginal and torres strait islander heritage protection act 1984 atsihp act. Aboriginal and torres strait islander heritage protection act 1984 act no. The purpose of the atsihp act20 was to address a gap in state laws and to. Act to preserve and protect places, areas and objects of particular significance to aboriginals. Indigenous heritage laws department of agriculture, water and the. Summary of key proposed changes to the federal aboriginal. Aboriginal and torres strait islander heritage protection. The atsihp act can protect areas and objects that are of particular significance to aboriginal and torres strait. Aboriginal heritage act 101 university of adelaide. Aboriginal and torres strait islander communities justice, land and other matters act 1984 part 1 preliminary current as at 9 november 2018 page 7 authorised by the parliamentary counsel aboriginal and torres strait islander communities justice, land and other matters act 1984 an act to provide for law and order in, the establishment of. Other relevant legislation environment protection biodiversity conservation act 1995.
Strait islander heritage protection act 1984 the act. The aboriginal and torres strait islander heritage protection act 1984 protects areas and objects that are of particular significance to aboriginals in accordance with aboriginal tradition. Ahip aboriginal heritage impact permit ahims aboriginal heritage information management system alr act aboriginal land rights act 1983 nsw atsihp aboriginal and torres strait islander heritage protection act 1984 cth clbp community land and business plan code of practice for archaeological investigation copai. Aboriginal and torres strait islander engagement policy. Elizabeth evatt minister for aboriginal and torres strait islander affairs canberra 1996. Aboriginal communities justice and land matters act 1984. The following checklist notes the minimum information that is. Mar 31, 2005 the aboriginal and torres strait islander heritage protection act 1984 as shown in this compilation comprises act no. The 1915 amendments to the aborigines protection act 1909 gave the new south wales nsw aborigines protection board the power to remove any indigenous child at any time and for any reason the phrasing of one amendment was so broad as to enable any interpretation by the boards inspectors, and led to thousands of indigenous children being taken from their parents on the basis of race alone. This governmentsanctioned practice was widespread across australia, and created tens of thousands of aboriginal and torres strait islander members of what are now known as the stolen generations. The aboriginal and torres strait islander heritage protection act 1984 atsihp act can protect areas and objects that are of particular significance to aboriginal. Aboriginal and torres strait islander heritage protection act 1984. The aboriginal and torres strait islander heritage protection act 1984 is legislation passed by the parliament of the commonwealth of australia to enable the commonwealth to intervene and, where necessary, preserve and protect areas and objects of particular significance to australias aboriginal or torres strait islander peoples from being desecrated or injured.
The provisions displayed in this version of the legislation have all commenced. The purposes of this act are the preservation and protection from injury or desecration of areas and objects in australia and in australian waters, being areas and. Act aboriginal and torres strait islander agreement. The new act provides more effective protection of aboriginal cultural heritage and broadens aboriginal community involvement in decision. This practice for consideration of aboriginal heritage, as described here, is separate and unrelated to the approvals and processes under the native title act 1993 cth, aboriginal and torres strait islander heritage protection act 1984 cth, or the environment protection and. Aboriginal means a member of the aboriginal race of australia, and includes a descendant of the indigenous inhabitants of the torres strait islands. Aboriginal and torres strait islander communities justice. Summary of key proposed changes to the federal aboriginal and. Aboriginal heritage protection in victoria directly through its own legislation. Aboriginal and torres strait islander heritage protection amendment bill 2005 2006.
Aboriginal and torres strait islander heritage protection act 1984 to. Introduction to the aboriginal and torres strait islander heritage protection act 5 activity from occurring by making a declaration to protect an area or object. We are able to understand the progress and hold both the act government and its. This act may be cited as the aboriginal and torres strait islander heritage protection act 1984. Review of the aboriginal and torres strait islander heritage. While declarations are rarely made, it can significantly impact projects, even those with all other project approvals. Review of the aboriginal and torres strait islander. The aboriginal and torres strait islander heritage protection act 1984 was amended by the aboriginal and torres strait islander heritage protection regulations amendment. Protection of indigenous heritage library of congress. Reforming the aboriginal cultural heritage system in nsw. For over 50 years, aiatsis has conducted research across a range of areas of study relevant to indigenous peoples, culture, heritage, knowledge and experiences. The australian institute of aboriginal and torres strait islander studies aiatsis is an independent australian government statutory authority.
Office of the minister for aboriginal and torres strait islander affairs. The aboriginal and torres strait islander heritage protection act 1984 atsihp act can protect areas and objects that are of particular significance to aboriginal people. Australia aboriginal and torres strait islander heritage. Aboriginal means a member of the aboriginal race of australia. Information to be submitted at the time of application. Framlingham trust was created by the aboriginal lands act 1970. The museum is not a repository for aboriginal and torres strait islander human remains under any other legislation. In addition, the aboriginal and torres strait islander heritage protection act 1984 atsihp act enables the australian government environment minister to respond to requests to protect areas and objects of particular significance to indigenous australians from threats, if it. This act shall come into operation on the day on which it receives the royal assent. It is a collecting, publishing and research institute and is considered to be australias premier resource for information about the cultures and societies of aboriginal and torres strait islander peoples. This policy is made by the director pursuant to sections 12, and 8i and j of the act. Aboriginal and torres strait islander heritage protection act 1984 cth. Aboriginal and torres strait islander heritage protection act 1984 sect 3 interpretation 1 in this act, unless the contrary intention appears.
Torres strait islander heritage protection act 1984 atsihp act and the environment protection and biodiversity conservation act 1999 epbc act. The atsihp act provides for the protection of aboriginal and torres strait islander culture and heritage. Under section 21c of the aboriginal and torres strait islander heritage protection act 1987 the museum is identified as a prescribed authority, on behalf of the minister for aboriginal and torres strait islander affairs, for the purposes of safekeeping aboriginal and torres. Resource and environmental compliance division publication. Sites and objects can be protected both from physical threat and from the threat of desecration. These fact sheets have been developed for local aboriginal land councils lalcs by the nsw aboriginal land council nswalc. Introduction to the aboriginal and torres strait islander. The aiatsis act sets the organisation the task of conducting, facilitating and promoting research in aboriginal and torres strait islander studies and training indigenous researchers. Aboriginal and torres strait islander agreement 201518. Aboriginal and torres strait islander secretsacred and. Central to the argument of this paper is a critical examination of the potential to strike local and regional agreements in victoria between indigenous and other parties in a context of impending proposed legislative changes to indigenous cultural heritage commonwealth aboriginal and torres strait islander heritage protection act 1984 and property rights native title amendment bill 1997. There was no indication that the application area reflected the boundaries of any one or more traditional owner group.
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