APPENDIX 3
Eleventh Report:
List of Recommendations
Recommendation 1 (Chapter 4)
That Commonwealth legislation concerning indigenous heritage protection,
in being legislation of last resort, not provide specific provisions for
particular States as does Part IIA of the current Act.
Recommendation 2 (Chapter 4)
That, insofar as is consistent with legislation of last resort, the Commonwealth
statute be amended to provide for an accreditation regime to ensure uniformity
of practice across the States and Territories.
Recommendation 3 (Chapter 4)
That in regard to the issuing of heritage protection declarations by
the Commonwealth, the Commonwealth, States and Territories be required
to take all reasonable steps to complete consultations within a particular
period following an application.
Recommendation 4 (Chapter 5)
That, in regard to the process of determining whether heritage protection
may be removed, the Act require compliance with guidelines to protect
culturally sensitive information and that the guidelines follow those
of the Federal Court in WA v Ward.
Recommendation 5 (Chapter 6)
That the issue of determining whether a particular site be considered
to be significant be separated from the question of whether or not land
be used in a particular way. The issue of significance should be decided
by an independent administrative agency with appropriate resources.
Recommendation 6 (Chapter 7)
That the registration of indigenous heritage sites be facilitated by
Local and State governments. Responsibility for registration should be
in the hands of indigenous people with the assistance of an independent
agency. Registration should not be equated with permanent protection.
Recommendation 7 (Chapter 7)
That the management of indigenous heritage by indigenous groups and Local
government (such as the initiative between the Shire of Cardwell and the
local Aboriginal community through the CQLC and the Girringun Elders and
Reference Group) be encouraged and given any necessary legislative backing.
Recommendation 8 (Chapter 7)
That where the Commonwealth Minister takes decisions under the last resort
function, the reasons for the decision be required to be published at
the same time that the actual determination is tabled.
Recommendation 9 (Chapter 9)
That to qualify for accreditation, State and Territory legislation provide
for blanket (or presumptive) protection of indigenous objects, sites and
remains.
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