Australian heritage laws exist at the national (
Commonwealth
A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with "republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the ...
) level, and at each of
Australian Capital Territory
The Australian Capital Territory (commonly abbreviated as ACT), known as the Federal Capital Territory (FCT) until 1938, is a landlocked federal territory of Australia containing the national capital Canberra and some surrounding townships. ...
,
New South Wales
)
, nickname =
, image_map = New South Wales in Australia.svg
, map_caption = Location of New South Wales in AustraliaCoordinates:
, subdivision_type = Country
, subdivision_name = Australia
, established_title = Before federation
, es ...
,
Northern Territory
The Northern Territory (commonly abbreviated as NT; formally the Northern Territory of Australia) is an states and territories of Australia, Australian territory in the central and central northern regions of Australia. The Northern Territory ...
,
Queensland
)
, nickname = Sunshine State
, image_map = Queensland in Australia.svg
, map_caption = Location of Queensland in Australia
, subdivision_type = Country
, subdivision_name = Australia
, established_title = Before federation
, established_ ...
,
South Australia
South Australia (commonly abbreviated as SA) is a state in the southern central part of Australia. It covers some of the most arid parts of the country. With a total land area of , it is the fourth-largest of Australia's states and territories ...
,
Tasmania
)
, nickname =
, image_map = Tasmania in Australia.svg
, map_caption = Location of Tasmania in AustraliaCoordinates:
, subdivision_type = Country
, subdi ...
,
Victoria
Victoria most commonly refers to:
* Victoria (Australia), a state of the Commonwealth of Australia
* Victoria, British Columbia, provincial capital of British Columbia, Canada
* Victoria (mythology), Roman goddess of Victory
* Victoria, Seychelle ...
,
Western Australia
Western Australia (commonly abbreviated as WA) is a state of Australia occupying the western percent of the land area of Australia excluding external territories. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to th ...
state and territory levels. Generally there are separate laws governing
Aboriginal cultural heritage and
sacred sites
Sacred space, sacred ground, sacred place, sacred temple, holy ground, or holy place refers to a location which is deemed to be sacred or hallowed. The sacredness of a natural feature may accrue through tradition or be granted through a bless ...
, and historical (sometimes referred to as post-contact or non-Aboriginal) heritage. State laws also allow heritage to be protected through local government regulations, such as planning schemes, as well.
Overview
The heritage laws seek to protect, preserve, present, and transmit the Australian nation's natural, cultural, and historical heritage.
National heritage
The ''
'' is legislation passed by the parliament of the
Commonwealth of Australia
Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country by ...
to enable the Commonwealth to intervene and, where necessary, preserve and protect areas and objects of particular significance to Australia's
Aboriginal or
Torres Strait Islander
Torres Strait Islanders () are the Indigenous Melanesian people of the Torres Strait Islands, which are part of the state of Queensland, Australia. Ethnically distinct from the Aboriginal people of the rest of Australia, they are often grouped ...
peoples.
[.]
The ''
Environment Protection and Biodiversity Conservation Act 1999
The ''Environment Protection and Biodiversity Conservation Act 1999'' (Cth) is an Act of the Parliament of Australia that provides a framework for protection of the Australian environment, including its biodiversity and its natural and cultu ...
'' protects places of World Heritage, National Heritage and Commonwealth Heritage, The
Commonwealth Heritage List
The Commonwealth Heritage List is a heritage register established in 2003, which lists places under the control of the Australian government, on land or in waters directly owned by the Crown (in Australia, the Crown in right of the Commonwealth ...
includes places such as Federally owned telegraph stations, defence sites, migration centres, customs houses, lighthouses, national institutions such as Parliament and High Court buildings, memorials, islands and marine areas. The
Australian National Heritage List
The Australian National Heritage List or National Heritage List (NHL) is a heritage register, a list of national heritage places deemed to be of outstanding heritage significance to Australia, established in 2003. The list includes natural and ...
is a heritage register, including natural, historic and indigenous places deemed to be of outstanding heritage significance to Australia.
The
Natural Heritage Trust
The Natural Heritage Trust (NHT), or National Heritage Trust Account was set up in 1997 by means of the ''Natural Heritage Trust of Australia Act 1997'', with the main objective of conserving the "natural capital infrastructure" of Australia. Mon ...
(NHT) was set up in 1997 by means of the ''
Natural Heritage Trust of Australia Act 1997'', with the main objective of conserving the "natural capital infrastructure" of Australia. Money from the NHT Account must be spent on the environment,
sustainable agriculture
Sustainable agriculture is farming in sustainable ways meeting society's present food and textile needs, without compromising the ability for current or future generations to meet their needs. It can be based on an understanding of ecosystem ser ...
and
natural resources management
Natural resource management (NRM) is the management of natural resources such as Land (economics), land, water, soil, plants and animals, with a particular focus on how management affects the quality of life for both present and future generati ...
(NRM). Funding is supplied to community groups and organisations for environmental and natural resource management projects, delivered via a number of different initiatives since 1997, including "Caring for Our Country".
[ Text available under ]
Attribution 4.0 International (CC BY 4.0)
licence. , the NHT account is funding a program known as Phase Two of the National Landcare Program.
[ Text available under ]
Attribution 3.0 Australia (CC BY 3.0 AU)
licence.
Other Commonwealth legislation which affects Indigenous cultural heritage includes:
*''
Aboriginal Land Rights (Northern Territory) Act 1976
The ''Aboriginal Land Rights (Northern Territory) Act 1976'' (ALRA) is Australian federal government legislation that provides the basis upon which Aboriginal Australian people in the Northern Territory can claim rights to land based on traditi ...
''
*''
Protection of Movable Cultural Heritage Act 1986
Protection is any measure taken to guard a thing against damage caused by outside forces. Protection can be provided to physical objects, including organisms, to systems, and to intangible things like civil and political rights. Although th ...
''
*''
Native Title Act 1993
The ''Native Title Act 1993'' (Cth) is a law passed by the Australian Parliament, the purpose of which is "to provide a national system for the recognition and protection of native title and for its co-existence with the national land managemen ...
''
State and territory heritage
New South Wales
The goal of NSW legislation is to conserve and manage the state's cultural and natural heritage of places, objects, and features of cultural, scientific, architectural or social significance, including to the state's Aboriginal peoples, and to promote public appreciation of such places and objects. Its instruments are the ''
National Parks and Wildlife Act 1974
The ''National Parks and Wildlife Act 1974'' is the legislation passed by the New South Wales Parliament with the explicit intent of conserving the's natural and cultural heritage of the state of New South Wales; fostering public appreciation, u ...
'' and the ''
'' (No. 142). The latter amends the former to "provide for Aboriginal ownership of land of Aboriginal cultural significance reserved or dedicated under that Act; to amend the Aboriginal Land Rights Act 1983 to provide for the grant of certain land claims subject to lease, and reservation or dedication, of the land under the National Parks and Wildlife Act 1974;..." and other purposes.
The ''
Heritage Act 1977
Heritage may refer to:
History and society
* A heritage asset is a preexisting thing of value today
** Cultural heritage is created by humans
** Natural heritage is not
* Heritage language
Biology
* Heredity, biological inheritance of physica ...
'' (NSW) also provides for the conservation of environmental heritage items in New South Wales.
On occasion, damage to the environment and Aboriginal heritage has been considered in the
Land and Environment Court of New South Wales
The Land and Environment Court of New South Wales is a court within the Australian court hierarchy established pursuant to the to hear environmental, development, building and planning disputes. The Court’s jurisdiction, confined to the state ...
, such as when Chinese billionaire Kuizhang Guo built illegal structures, planted exotic species and built a bar inside a heritage-listed Aboriginal rock cave on Crown land.
The State Heritage Inventory is a database of heritage items in New South Wales which includes:
* declared Aboriginal Places;
* items listed on the State Heritage Register;
* listed Interim Heritage Orders;
* items on State Agency Heritage Registers; and
* items listed of local heritage significance on a local council's Local Environmental Plan.
Northern Territory
The
Northern Territory Heritage Register
The Northern Territory Heritage Register is a heritage register, being a statutory list of places in the Northern Territory of Australia that are protected by the Northern Territory statute, the ''Heritage Act 2011''. The register is maintained b ...
is a statutory list of protected places in the
Northern Territory
The Northern Territory (commonly abbreviated as NT; formally the Northern Territory of Australia) is an states and territories of Australia, Australian territory in the central and central northern regions of Australia. The Northern Territory ...
, under the ''
Heritage Act 2011
The Northern Territory Heritage Register is a heritage register, being a statutory list of places in the Northern Territory of Australia that are protected by the Northern Territory statute, the '' Heritage Act 2011''. The register is maintained ...
'' (NT).
Queensland
The
Queensland Heritage Register
The Queensland Heritage Register is a heritage register, a statutory list of places in Queensland, Australia that are protected by Queensland legislation, the Queensland Heritage Act 1992. It is maintained by the Queensland Heritage Council. As a ...
is a statutory list of places in
Queensland
)
, nickname = Sunshine State
, image_map = Queensland in Australia.svg
, map_caption = Location of Queensland in Australia
, subdivision_type = Country
, subdivision_name = Australia
, established_title = Before federation
, established_ ...
that are protected by the ''
Queensland Heritage Act 1992
The ''Queensland Heritage Act 1992'' is an act of the Parliament of Queensland that establishes a legislative framework for registration protection of places of local and statewide significance. The Act established the Queensland Heritage Coun ...
''. The register is maintained by the
Queensland Heritage Council
The Queensland Heritage Council is an independent statutory authority created by the Queensland Parliament under the ''Queensland Heritage Act 1992''. The Council advises and reports to the Minister for Environment and the Great Barrier Reef and ...
.
Under Section 113 of the ''Queensland Heritage Act 1992'', all local government authorities in Queensland must maintain a local heritage register; the
Brisbane Heritage Register
The Brisbane Heritage Register is a heritage register containing a list of culturally-significant places within the City of Brisbane, Queensland, Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovere ...
is an example of a local government heritage register in Queensland.
On 16 April 2003, the Queensland ''
Aboriginal Cultural Heritage Act 2003
The ''Aboriginal Cultural Heritage Act 2003'' is legislation passed by Queensland Parliament, commencing in April 2004 to recognise, protect and conserve Aboriginal cultural heritage in the State of Queensland '' was passed by Parliament to provide statutory protection to all Aboriginal heritage across the State, irrespective of whether the heritage was previously identified by the State's "Cultural Heritage Coordination Unit" of the Department of Natural Resources and Water.
[Department of Natural Resources and Mines (2005) "Cultural Heritage – Your Duty of Care". Cultural Heritage Information Series. Brisbane.] There is also the ''
Torres Strait Islander Cultural Heritage Act 2003 Torres may refer to:
People
*Torres (surname), a Spanish and Portuguese surname
*Torres (musician), singer-songwriter Mackenzie Scott
** ''Torres'' (album), 2013 self-titled album by Torres
Places Americas
* Torres, Colorado, an unincorporated c ...
'' for
Torres Strait Islander
Torres Strait Islanders () are the Indigenous Melanesian people of the Torres Strait Islands, which are part of the state of Queensland, Australia. Ethnically distinct from the Aboriginal people of the rest of Australia, they are often grouped ...
heritage.
South Australia
The ''
Aboriginal Heritage Act 1988
The ''Aboriginal Heritage Act 1988'' (AHA) is the principal South Australia, South Australian legislation protecting and preserving the state's Aboriginal Australians, Aboriginal heritage. It repealed and replaced the ''Aboriginal and Historic R ...
'' aims to protect and preserve South Australia's Aboriginal heritage. While the Act maintains the Aboriginal Heritage Register for the previous legislation it also provides blanket protection for all Aboriginal heritage, whether on the register or not. It also establishes an Aboriginal Heritage Committee of indigenous people appointed by the minister.
Tasmania
The ''Historic Cultural Heritage Act 1995'' aims to promote the protection and conservation of places of historic cultural heritage significance in Tasmania. The Act established the Tasmanian Heritage Council and the Tasmanian Heritage Register.
Victoria
Victorian Aboriginal heritage protection is governed by the ''
Aboriginal Heritage Act 2006
The ''Aboriginal Heritage Act 2006'' (AHA) of the state of Victoria, Australia was enacted "to provide for the protection of Aboriginal cultural heritage in Victoria". It established Registered Aboriginal Parties to act as the "primary guardian ...
''. Under the Act all Aboriginal culturally significant aspects are protect by Victorian Law. A steering committee, The Aboriginal Heritage Council was established to allow government a consultation and steerage functionality back to the major Aboriginal Communities within Victoria, referred to as
Registered Aboriginal Parties
A Registered Aboriginal Party (RAP) is a recognised representative body of an Aboriginal Australian people per the ''Aboriginal Heritage Act 2006'' (Vic.), whose function is to protect and manage the Aboriginal cultural heritage in the state o ...
.
The ''
Heritage Act 2017'' provides for the protection and conservation of historical places and objects of cultural heritage significance and the registration of such places and objects. The Act establishes a Heritage Council to oversee heritage policy and implementation; and a Victorian Heritage Register, for listing and protection of places of significance to the state of Victoria. archaeological heritage is also protected by the ''Heritage Act'' through blanket protection of archaeological places and objects greater than 50 years old, and through the
Victorian Heritage Inventory The Victorian Heritage Inventory, commonly known as the Heritage Inventory, is a list of all known historical archaeology sites in Victoria, Australia. It is maintained by Heritage Victoria
, the Victorian State Government’s principal cultural ( ...
of historical archaeological sites, as well as historic shipwrecks.
The ''
Planning & Environment Act 1987'' includes provisions for protecting heritage through Local Planning Policies, and listing places on the Municipal Planning Scheme Heritage Overlay.
Western Australia
Protection of Aboriginal heritage sites and objects in WA is governed by the ''
Aboriginal Heritage Act 1972
The ''Aboriginal Heritage Act 1972'' (AHA) is a law in the state of Western Australia governing the protection of Aboriginal cultural sites, which is as of 2022 being superseded by the '' Aboriginal Cultural Heritage Act 2021'' (ACH Act).
The ...
''.
Aboriginal protection under the ''Aboriginal Protection Act 1972''
/ref>
See also
* ''Environment Protection and Biodiversity Conservation Act 1999
The ''Environment Protection and Biodiversity Conservation Act 1999'' (Cth) is an Act of the Parliament of Australia that provides a framework for protection of the Australian environment, including its biodiversity and its natural and cultu ...
''
* ''Aboriginal Heritage Act 1988
The ''Aboriginal Heritage Act 1988'' (AHA) is the principal South Australia, South Australian legislation protecting and preserving the state's Aboriginal Australians, Aboriginal heritage. It repealed and replaced the ''Aboriginal and Historic R ...
'' (SA)
* ''Aboriginal Cultural Heritage Act 2003
The ''Aboriginal Cultural Heritage Act 2003'' is legislation passed by Queensland Parliament, commencing in April 2004 to recognise, protect and conserve Aboriginal cultural heritage in the State of Queensland '' (Qld)
* ''National Parks and Wildlife Act 1974
The ''National Parks and Wildlife Act 1974'' is the legislation passed by the New South Wales Parliament with the explicit intent of conserving the's natural and cultural heritage of the state of New South Wales; fostering public appreciation, u ...
'' (NSW)
* ''Aboriginal Heritage Act 2006
The ''Aboriginal Heritage Act 2006'' (AHA) of the state of Victoria, Australia was enacted "to provide for the protection of Aboriginal cultural heritage in Victoria". It established Registered Aboriginal Parties to act as the "primary guardian ...
'' (Victoria)
References
Further reading
* Text available under
Attribution 4.0 International (CC BY 4.0)
licence.
*
{{Heritage registers of Australia
Heritage registers in Australia