APPENDIX 3

The Aboriginal and Torres Strait Islander Heritage Protection Bill 1998 (Report 12)
Table of Contents

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.