Legislation
Indigenous Cultural Heritage Acts Review
The Department of Environment and Resource Management (DERM) has finalised the review of the Aboriginal Cultural Heritage Act 2003 (Qld) (PDF)* and Torres Strait Islander Cultural Heritage Act 2003 (Qld) (PDF)*.
The amendments were introduced into the Queensland Parliament on 29 November 2011, by the Minister for Finance, Natural Resources and the Arts. For further information see the Aboriginal and Torres Strait Islander Land Holding Bill 2011 (PDF)* on the Queensland Legislation website.
Background
The Aboriginal Cultural Heritage Act 2003 and Torres Strait Islander Cultural Heritage Act 2003 recognise Aboriginal and Torres Strait Islander people as the primary authority on Aboriginal and Torres Strait Islander cultural heritage—aiming to facilitate the continuation of Aboriginal and Torres Strait Islander culture, traditions and customs.
The Acts were introduced to replace the Cultural Record (Landscapes Queensland and Queensland Estate) Act 1987 and a review into their efficacy and efficiency was required to begin by mid-April 2009.
DERM has reviewed the Acts to determine if they are working as planned and fulfilling their main purpose—that is, to provide effective recognition, protection and conservation of Aboriginal and Torres Strait Islander cultural heritage.
In September 2008, a review paper (PDF, 82K)* was released and sought public submissions on:
- whether the legislation has done what it set out to do—that is, recognise, protect and conserve Aboriginal and Torres Strait Islander cultural heritage
- what is working well, and why
- what can be improved, and how.
Submissions closed in February 2009.
Subsequently, in November 2009, a series of recommendations were released for public comment, which addressed the issues raised in submissions to the review.
- Indigenous Cultural Heritage Acts Review—Key issues and draft recommendations paper (PDF, 675K)*
- Fact sheet L178—Indigenous Cultural Heritage Acts Review (PDF, 42K)*
Submissions closed on 19 February 2010.
In October 2010, DERM proposed a number of legislative changes and administrative actions to improve the efficiency and efficacy of the Acts. The legislative proposals were outlined in the Indigenous Cultural Heritage Acts Amendment Bill 2011 exposure draft (PDF, 220K)*, which was released for public comment. Submissions were guided and supported by:
- Explanatory notes: Indigenous Cultural Heritage Acts Amendment Bill 2011 (PDF, 221K)* containing detailed explanation for each proposed legislative amendment.
- Submission guide (PDF, 55K)* containing explanation of the major proposed legislative changes, and questions to guide your feedback.
An overview of the non-legislative outcomes (PDF, 97K)* is also available, and provides the rationale and potential benefits of proposed administrative actions.
Submissions closed on 31 January 2011.
* Requires Adobe Reader
Last updated 21 December 2011