Tasmania and South Australia Releases Draft Aboriginal Heritage and Land Protection Laws

In recent days both Tasmania and South Australia have released draft Aboriginal Heritage and Land Protection laws which provide for reconsolidation and updating of existing legislation.

Tasmania

The Tasmanian Environment, Parks and Heritage Minister has launched a six week public consultation process on Draft Aboriginal Heritage legislation. The Minister has released the draft Bill with a range of explanatory materials encouraging interested parties to provide comments and suggestions.

The Tasmanian Government is proposing that the new legislation will replace the outdated Aboriginal Relics Act 1975. The draft Bill titled the Aboriginal Heritage Protection Bill is designed to provide a contemporary legislative framework for Aboriginal heritage, improving the protection and management of Aboriginal heritage, as well as providing certainty and clarity for land owners and developers. Provision is also made for the Aboriginal community to play an integral role in the management of their own heritage.

Background

The draft follows a 2011 Government announcement that it was developing new Aboriginal heritage legislation which it confirmed in the 2012-13 Budget would be introduced to Parliament in 2013. The Aboriginal Affairs Committee of Cabinet, chaired by the Tasmanian Premier, has been overseeing the project of re-writing the existing legislation.

The Government has made it clear through media releases that it would work with the Aboriginal community, key stakeholders and the wider community in developing the new laws and some initial consultation has already taken place.

Key Points

Generally - The draft Bill aims to establish a fair, balanced and modern legislative framework for the protection and management of the State’s Aboriginal heritage and seeks to address a number of deficiencies of the current legislation, including its arbitrary 1876 cut-off date and inadequate penalties.

Involvement - The Government says the draft Bill “broadens the involvement of the Aboriginal community in decision making by establishing an all-Aboriginal statutory body, with both decision-making and advisory powers over Aboriginal heritage”. The proposed body will provide a single state wide voice for the Aboriginal community on Aboriginal heritage issues.

Land use and development – The Government says the draft Bill “links the protection and management of Aboriginal heritage more directly with planning and land use development approval processes” by requiring the preparation of an Aboriginal Heritage Management Plan at the planning stage for large and high-impact projects. Additionally, a Management Plan may also be required by the Minister, or prepared voluntarily. Further land related measures include provision for Permits or External Regulatory Approvals for smaller scale activities that do not require a Management Plan.

Disputes and decisions on Management Plans, Permits and External Regulatory Approvals will be subject to statutory timeframes and be able to be challenged through the Resource Management and Planning Appeal Tribunal. Finally, the Bill provides for exemptions for certain activities and circumstances, unless there is registered Aboriginal heritage present.

For more information click here.

South Australia
Similar Legislation is also on the table for consultation in South Australia with the Minister for Aboriginal Affairs and Reconciliation recently releasing for public comment draft Aboriginal Lands Trust Bill. The Minister said “[t]his draft is the result of many submissions and comments gathered during the review process undertaken on the Aboriginal Lands Trust Act 1966.”  Submissions on this Bill are open until 15 March 2013, for details click here.

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