Aboriginal Cultural Heritage Act

This information is about the Aboriginal Cultural Heritage Act 2003, the legislation and the process for undertaking assessments for Aboriginal Cultural Heritage sites.

The Act

The Aboriginal Cultural Heritage Act 2003 is the relevant legislation for the protection and maintenance of Aboriginal cultural heritage within the Condamine catchment and throughout Queensland. The Act is administered by the Cultural Heritage Coordination Unit of the Department of Environment and Resource Management (DERM). The Aboriginal Heritage Act should not be confuse with the Native Title Act 1998 as the presence of items and places of significance of cultural heritage on a property does not mean that Native Title exists in that area. However, even if Native Title is extinguished for example freehold lands, the landholders responsibilities under the Aboriginal Cultural Heritage Act 2003 is still in force. Penalties may apply if Aboriginal cultural heritage is disturbed or destroyed.

Items and sites of significance need to be preserved as they are part of Australian national Identity. Aboriginal people have been dispossessed of their lands and cultural heritage is an integral part of their Aboriginal Identity and well being. Thousands of sites have been lost in the past so it is critical that people work together to preserve the remaining sites.

The Legislation

Provides blanket protection of areas and objects of traditional, customary and archaeological significance
Recognises the key role of traditional owners in cultural heritage matters
Establishes practical and flexible processes for dealing with cultural heritage in a timely and cost- effective way
Establishes a Cultural Heritage Register and Cultural Heritage Database. For information from these sources
Replaces cultural heritage ‘permitting arrangements’ with the duty of care, cultural heritage management planning process and other agreement-based mechanisms
Makes preparation of a cultural heritage management plan mandatory where an approval requires an environmental impact statement
Increases penalties for harming Aboriginal cultural heritage or breaching the duty of care (maximums $1 000 000 for a corporation, and $100 000 for an individual).

The Process

The first step is to undertake a search of the site for items or sites of significance (download a search request form). You will receive a letter back from the Aboriginal Cultural Heritage Unit located in the Brisbane Office of Department of Environment and Natural Resources (DERM) advising you of your duty of care, outlined in gazetted guidelines which set out measures for meeting them and any sites of significance in the area.

The next step is to contact the Traditional Custodian of the area, these contacts can be obtained from the Regional Cultural Heritage Coordinator, Anthony Simmons phone: 07 4529 1373 or email anthony.simmons@derm.qld.gov.au based in DERM 203 Tor Street, Toowoomba. Anthony can help facilitate the meeting with the Traditional Custodians to discuss the process and costs for Cultural Heritage assessment of the site.

Glovebox Guide

Dont forget a Glovebox Guide is available from Condamine Alliance to provide general information on Aboriginal cultural heritage and support the sustainable management of Aboriginal sacred sites. You can request a hardcopy of the guide by emailing us at office@codaminealliance.com.au or download a copy below.