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. Other relevant legislation environment protection biodiversity conservation act 1995. 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. 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. Indigenous heritage laws department of agriculture, water. Aboriginal and torres strait islander engagement policy. Government to the aboriginal and torres strait islander heritage protection act 1984 atsihp act. The aboriginal and torres strait islander heritage protection act 1984 was amended by the aboriginal and torres strait islander heritage protection regulations amendment. Aboriginal and torres strait islander heritage protection amendment bill 2005 2006. 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. Aboriginal and torres strait islander cultural heritage. 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. Aboriginal and torres strait islander human remains policy.
Submission to the productivity commissions indigenous. 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. Mar 31, 2005 the aboriginal and torres strait islander heritage protection act 1984 as shown in this compilation comprises act no. Aboriginal heritage protection in victoria directly through its own legislation. 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 new act provides more effective protection of aboriginal cultural heritage and broadens aboriginal community involvement in decision. Act aboriginal and torres strait islander agreement. Aboriginal and torres strait islander heritage protection. 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. This act may be cited as the aboriginal and torres strait islander heritage protection act 1984 2 commencement see note 1. Indigenous heritage laws department of agriculture, water and the. The following checklist notes the minimum information that is.
Indigenous heritage protection, native title and regional. 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. Australian institute of aboriginal and torres strait islander. Aboriginal and torres strait islander communities justice. The aboriginal and torres strait islander heritage protection act 1984 atsihp act can protect areas and objects that are of particular significance to aboriginal. This act may be cited as the aboriginal and torres strait islander heritage protection act 1984. Australia aboriginal and torres strait islander heritage. Elizabeth evatt minister for aboriginal and torres strait islander affairs canberra 1996. This act shall come into operation on the day on which it receives the royal assent. 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. Summary of key proposed changes to the federal aboriginal. Summary of key proposed changes to the federal aboriginal and. 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 fact sheet provides general information and does not constitute legal advice.
This annual report is the way in which we can have visibility against our needs and priorities. 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. Act to preserve and protect places, areas and objects of particular significance to aboriginals. The duty of care applies to any activity where aboriginal or torres strait islander cultural heritage is located. Pdf versions of this legislation produced from 23 september. Sites and objects can be protected both from physical threat and from the threat. Resource and environmental compliance division publication. Protection of indigenous heritage library of congress. Information to be submitted at the time of application. Review of the aboriginal and torres strait islander heritage protection act 1984. Countries called upon australia to ensure the full and effective implementation of the. The atsihp act can protect areas and objects that are of particular significance to aboriginal and torres strait. 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.
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. 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 heritage protection act 1984 act no. Review of the aboriginal and torres strait islander. 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. 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 1984 cth ss 3, 91bi. There was no indication that the application area reflected the boundaries of any one or more traditional owner group. 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. Aboriginal and torres strait islander heritage protection act 1984 to. Aboriginal lands a ct 1995 national parks and reserves manag ement act 2002 crown lands act 1976. Indigenous heritage laws department of agriculture.
An act to preserve and protect places, areas and objects of particular significance to aboriginals, and for related purposes. 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. Review of the aboriginal and torres strait islander heritage protection act 1984 report by hon. 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. 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. Framlingham trust was created by the aboriginal lands act 1970. These fact sheets have been developed for local aboriginal land councils lalcs by the nsw aboriginal land council nswalc. The museum is not a repository for aboriginal and torres strait islander human remains under any other legislation. Introduction to the aboriginal and torres strait islander. 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. Aborigines protection act national museum of australia. 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.
Aboriginal means a member of the aboriginal race of australia. Introduction to the aboriginal and torres strait islander heritage. 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. Review of the aboriginal and torres strait islander heritage.
Aboriginal and torres strait islander heritage protection regulations 1984 statutory rules 1984 no. The aboriginal and torres strait islander heritage protection act 1984. 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. 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 provisions displayed in this version of the legislation have all commenced. While declarations are rarely made, it can significantly impact projects, even those with all other project approvals. Aboriginal means a member of the aboriginal race of australia, and includes a descendant of the indigenous inhabitants of the torres strait islands. 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. The original title of the act was the aboriginal and torres strait islander heritage interim protection act 1984. The need for legislative recognition and protection of aboriginal languages. Reforming the aboriginal cultural heritage system in nsw. 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. Aboriginal and torres strait islander heritage protection act 1984 cth. Aboriginal communities justice and land matters act 1984. This policy is made by the director pursuant to sections 12, and 8i and j of the act. Aboriginal heritage act 101 university of adelaide.
This document provides relevant background information in section 3, followed by the technical procedure in sections 6 and 7. 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. 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. Strait islander heritage protection act 1984 the act. 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. Aboriginal and torres strait islander secretsacred and. The purpose of the atsihp act20 was to address a gap in state laws and to. 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.
On behalf of the act aboriginal and torres strait islander elected body, i welcome the annual report of the. 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. The cultural heritage unit is responsible for administering the aboriginal cultural heritage act and the torres strait islander cultural heritage act 2003. The aboriginal and torres strait islander heritage protection act 1984 is legislation passed by the parliament of the commonwealth of australia to enable the. Sites and objects can be protected both from physical threat and from the threat of desecration. Legislation on this site is usually updated within 3 working days after a change to the legislation.
The australian institute of aboriginal and torres strait islander studies aiatsis is an independent australian government statutory authority. Australian institute of aboriginal and torres strait. You should seek independent legal advice tailored to your individual. Aboriginal and torres strait islander heritage protection act 1984 sect 3 interpretation 1 in this act, unless the contrary intention appears.
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