Chapter 4
Conclusion
Eleventh Report
4.1 Over a period of twelve months to April 1998 the Committee conducted
a detailed and comprehensive inquiry into the Aboriginal and Torres Strait
Islander Heritage Protection Act 1984. The Committee's eleventh report
submitted nine carefully considered recommendations.
Bill Inquiry
The Central Question
4.2 In that the Government presented the Aboriginal and Torres Strait
Islander Heritage Protection Bill 1998 on 2 April 1998, the same day that
the Committee's eleventh report was tabled, it is understandable that
the Committee's recommendations were not adopted in the Bill. In examining
the Bill, however, necessarily the Committee's focus fell on the question
whether there were any arguments against the Committee's recommendations
where those matters were not represented in the Bill. That is, for its
report on the Bill, should the Committee depart from its previous recommendations
concerning indigenous heritage protection legislation?
Response
4.3 Having heard evidence about the Bill over two days of hearings, and
having received 28 submissions about the matter, the Committee has not
received advice that would encourage it to abandon its previous conclusions
and recommendations. Accordingly, the Committee endorses the recommendations
of its eleventh report.
Recommendation
4.4 Further, and in particular reference to the Aboriginal and Torres
Strait Islander Heritage Protection Bill 1998, the Committee recommends
the following amendments:
- That the Bill provide for blanket, or presumptive, protection of indigenous
heritage; and that in order to achieve accreditation, State and Territory
legislation provide blanket protection.
- That the Bill define `national interest' comprehensively (but not
exhaustively) so as to include the protection of indigenous heritage.
- That the Bill provide a more detailed and comprehensive Commonwealth
Standard by which States and Territories may qualify to adopt their
own heritage protection regimes subject to the Commonwealth's last resort
function.
- That the Commonwealth Standard provide for State and Territory Committees,
containing an appropriate gender balance and indigenous representation.
The Committees would determine the question of significance for any
heritage protection application that utilises the Commonwealth regime
and provides advice to the Director.
- That the Bill specify appropriate qualifications for the position
of Director of Indigenous Heritage Protection.
Warren Entsch MP
Committee Chair
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