The Aboriginal and Torres Strait Islander Heritage Protection Act 1984
- Bib ID:
- 1880195
- Format:
- Book
- Author:
- Australia. Parliament. Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land Fund
- Online Version:
- National Library of Australia digitised item
- Description:
-
- [Canberra] : Commonwealth of Australia, 1998
- 1 v. (various pagings) ; 25 cm.
- ISBN:
- 0642271739
- Series:
-
- Australia. Parliament. Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land Fund. Report ; 11th.
- Parliamentary paper (Australia. Parliament) ; 1998, no. 62.
- Summary:
-
Terms of reference: The review will consider: (i) the effectiveness of the provisions of the Act in providing protection for areas and aobjects of significance to Aboriginal and Torres Strait Islander people; (ii) application of procedural fairness to inquiries in light of the judgments of the Federal Court arising from the appeals currently before it; (iii) the effectiveness of interaction between Commonwealth and State and Territory indigenous heritage protection legislation; (iv) the processes to be followed by the Minister after receiving an application for protection under the Act; (v) the minimum requirements for information which must be included in the applications; (vi) how secret/sacred information should be dealt with under the Act; (vii) the efficacy of the reporting process under section 10(4) of the Act and alternative processes and/or structures which could be established to provide advice to the Minister; (viii) the efficacy of the procedures to the making of declarations under the Act, including the Minister's role in making declarations; (ix) the efficacy of the time limits currently included in the Act and the desirability of placing additional time limits on processes under the Act; (x) whether the Act makes appropriate provision for the protection of areas and objects while mediation or reporting processes are underway; (xi) whether there is adequate scope under the Act for applications to be successfully resolved through mediation; (xii) whether the Act gives the Minister appropriate discretion to decide not to deal with or to defer consideration of applications; (xiii) the development of administrative guidelines under the Act; (xiv) the establishment of an authority, tribunal or commission and the resources required to administer the Act; (xv) any other matters relevant to the operation of the Act.ow an ass
- Full contents:
-
- Chapter 1. Introduction
- Legislative background
- The Act
- The Hindmarsh Island Bridge Bill
- Government Review of the Act
- The Parliamentary Inquiry
- Public hearings
- Private meeting with Ms Evatt
- Matters to be addressed
- The Parliamentary and government inquiries
- Chapter 2. The Act
- Constitutional power
- Purpose
- Effect
- Declarations made
- Judicial consideration
- Summary
- Chapter 3. The Evatt Report
- Origin
- Terms of Reference
- Policy goals of the review
- Problems with the Act
- Uncertainty and delays
- Fair procedures not spelled out
- Impeding development
- Lack of Aboriginal involvement and respect for custom
- Recommendations
- government response
- Chapter 4. Issues arising: (1) Uncertainty and delays
- The Act: inter-governmental consultations
- Evidence: role of the Commonwealth, States and Territories
- The Evatt Report
- Last resort legislation
- State legislation and committee evidence
- South Australian Government
- Victorian Government
- New South Wales Government
- Queensland Government
- Western Australian Government
- Tasmanian Government
- Northern Territory Government
- Australian Capital Territory Government
- Other submissions
- Accreditation
- The national interest
- Conclusion
- Recommendation 1
- Recommendation 2
- Recommendation 3
- Chapter 5. Issues arising: (2) Procedural fairness
- The need for fairness
- Hindmarsh Island
- Issues identified by the Senate
- Saunders Inquiry
- Mathews Inquiry
- Procedural fairness and confidentiality: the problem
- The developers' perspective
- The Indigenous perspective
- Possible solutions
- Site registers
- Ms Evatt's Report
- ATSIC
- Mr Palyga's Submission
- The courts
- Conclusion
- Recommendation 4
- Chapter 6. Issues arising: (3) Development
- The meaning of desecration
- Availability and form of protection
- Protection by application
- Blanket protection
- Desecration - an objective or subjective test?
- Submissions
- The Evatt Report
- Progressing developments and preserving heritage
- Significant post settlement sites
- Conclusion
- Recommendation 5
- Chapter 7. Issues arising: (4) Aboriginal involvement
- Site clearance and registers
- The Commonwealth's approach
- Development applications
- Work clearance
- Regional initiatives
- The Shire of Broome
- The Shire of Cardwell
- The Whitsundays
- Availability of heritage - information
- Indigenous concern
- Alternative views
- Reports to the Minister
- An independent administrative agency
- The role of anthropologists
- Recommendation 6
- Recommendation 7
- Recommendation 8
- Chapter 8. Current best practice: The Northern Territory
- The Northern Territory Legislation
- The Land Rights Act
- The Sacred Sites Act
- The Aboriginal Areas protection Authority
- Determining significance
- Registration
- Difficulties
- Other registers
- Ensuring protection
- Conclusion
- Chapter 9. Conclusion
- Recommendation 9
- Appendix 1. ATSIC report on workshops
- Appendix 2. Public hearings and witnesses
- Appendix 3. Submissions received
- Appendix 4. Chronology
- Appendix 5. Correspondence - Commonwealth Minister's Office
- Appendix 6. Evatt Report recommendations
- Appendix 7. ATSIC list of major differences between the Evatt recommendations and Government proposals for modifying the Act.
- Notes:
-
- Chairman: W. Entsch.
- Includes bibliographical references.
- Also available online https://nla.gov.au/nla.obj-1665638761
- Subject:
-
- Evatt, Elizabeth Andreas. Review of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984
- Australia. Aboriginal and Torres Strait Islander Heritage Protection Act 1984
- Aboriginal Australians -- Land tenure
- Cultural property -- Protection -- Law and legislation -- Australia
- Sacred sites (Aboriginal Australian)
- Sites - Sites of significance
- Cultural heritage - Protection
- Cultural heritage - Protection - Law and legislation
- Northern Territory (NT)
- Cardwell (NE Qld SE55-10)
- Kumarangk / Hindmarsh Island (SE SA SI54-13)
- Australia
- Whitsunday / Whitsunday Group Islands (E Qld SF55-04)
- Kimberley area (WA SD51, SD52, SE51, SE52)
- Other authors/contributors:
- Copyright:
-
In Copyright
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- Reason for copyright status:
- Until 2048 [Created/Published Date + 50 Years]
Copyright status was determined using the following information:
- Material type:
- Literary Dramatic Musical
- Published status:
- Published
- Publication date:
- 1998
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