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| Text Only Off | Issues->Indigenous Rights->Heritage | |||
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Issues Indigenous Rights ATSIC works to ensure effective protection of Indigenous heritage, and Indigenous involvement in protection and conservation programs for Aboriginal and Torres Strait Islander cultural property. Aboriginal and Torres Strait Islander Heritage Protection Act 1984 Aboriginal and
Torres Strait Islander Heritage Protection Act 1984 Under the Act the responsible Minister can make temporary or long-term declarations to protect areas and objects of significance under threat of injury or desecration. The Act also encourages heritage protection through mediated negotiation and agreement between land users, developers and Indigenous people. Since the passage of this legislation:
Administering the Heritage Protection Act Until recently ATSIC assisted the Minister for Aboriginal and Torres Strait Islander Affairs in administering the Heritage Protection Act. On 17 December 1998 responsibility for administration of the
Heritage Protection Act was transferred by Administrative Arrangement Orders to the
Environment and Heritage portfolio. The Minister for the Environment became the
responsible Minister and Environment Australia Reviewing and revising the Heritage Protection Act In October 1995 the Minister for Aboriginal and Torres Strait Islander Affairs asked Elizabeth Evatt AC to examine the terms and operation of the Heritage Protection Act. The review was occasioned by litigation and adverse publicity associated with decisions made under the Act, particularly in relation to the proposed Hindmarsh Island bridge. In her report Review of the Aboriginal and Torres Strait Islander Heritage Protection
Act 1984 (August 1996) In December 1996 the Minister for Aboriginal and Torres Strait Islander Affairs announced that the government intended to make wideranging changes to the Act designed to prevent another Hindmarsh Island saga. In July 1997 the Minister distributed discussion papers on the proposals for change being considered by the government. Very few of the Evatt recommendations were reflected in the governments proposals. ATSIC undertook two very brief rounds of consultation on the contents of the discussion papers. In the course of these consultations the Indigenous community expressed concern about a number of the proposed reforms and asked for changes in line with the Evatt recommendations. On 2 April 1998 the Commonwealth introduced the Aboriginal and Torres Strait Islander Heritage Protection Bill 1998, intended to replace the existing Act. Meanwhile, in March 1997, the Senate had referred the issues surrounding the Heritage Protection Act and the review by Elizabeth Evatt to the Parliamentary Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land Fund (PJC). The PJC tabled its report on this reference on 2 April 1998, the same day the bill was tabled. This eleventh Report of the PJC largely supported the Evatt recommendations. The Aboriginal and Torres Strait Islander Heritage Protection Bill was subsequently referred to the PJC for inquiry. Aboriginal and Torres Strait Islander Heritage Protection Bill 1998 ATSIC had, and still has, significant concerns with this bill. As drafted, the legislation would effectively allow the Commonwealth to withdraw from protecting Indigenous heritage. Instead, state/territory heritage legislation would be accredited after certain minimum standards are met and the Commonwealths involvement limited to cases involving the national interest. On 11 May 1998 ATSIC made a major submission
to PJC Inquiry On 1 June 1998 the PJC tabled their twelfth Report. The Committee reconsidered and endorsed its eleventh Report, and made five broad recommendations for changes to the Heritage Protection bill. The PJCs recommendations were generally welcomed by ATSIC which urged that the bill be amended along the lines proposed by the PJC. ATSICs two main priorities for change were:
In June 1998 ATSIC published further Comments on The Aboriginal and Torres Strait Islander Heritage Protection Bill 1998 to help inform parliamentary debate. On 5 June 1998, however, the bill passed the House of Representatives without consideration of the PJC recommendations. It had not been dealt with in the Senate when an election was called for 3 October. The bill consequently lapsed. On 12 November 1998 an amended bill was reintroduced into the House of Representatives and had its second reading. The amendments dealt with a number of the issues raised by ATSIC earlier in the year. Nevertheless, ATSIC remains opposed to central aspects of the bill for example, the provision limiting the Commonwealths involvement to cases involving the national interest remains. The amended bill was referred to the Senate Legal and Constitutional (Legislation) Committee for inquiry. On 12 February 1999 ATSIC made a to this committee and provided further on 17 March. The committee reported on 31 March 1999, but failed to make any findings about the central issues of concern to ATSIC. The bill is now awaiting debate in the Senate. |
Back to Indigenous Rights Submission to PJC Inquiry Comments on The Aboriginal and Torres Strait Islander Heritage Protection Bill 1998 ATSIC Submission to SECITAC Submission on 12/2/99 (Pdf) Advice of 17/3/99 (Pdf) |