Aboriginal Cultural Heritage Act 2003

This Act may be cited as the Aboriginal Cultural Heritage Act 2003.

This Act commences on a day to be fixed by proclamation.

This Act binds all persons including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.

Nothing in this Act makes the State liable to be prosecuted for an offence.

The main purpose of this Act is to provide effective recognition, protection and conservation of Aboriginal cultural heritage.

The following fundamental principles underlie this Act’s main purpose—

the recognition, protection and conservation of Aboriginal cultural heritage should be based on respect for Aboriginal knowledge, culture and traditional practices;

Aboriginal people should be recognised as the primary guardians, keepers and knowledge holders of Aboriginal cultural heritage;

it is important to respect, preserve and maintain knowledge, innovations and practices of Aboriginal communities and to promote understanding of Aboriginal cultural heritage;

activities involved in recognition, protection and conservation of Aboriginal cultural heritage are important because they allow Aboriginal people to reaffirm their obligations to ‘law and country’;

there is a need to establish timely and efficient processes for the management of activities that may harm Aboriginal cultural heritage.

For achieving effective recognition, protection and conservation of Aboriginal cultural heritage, this Act provides for the following—

recognising Aboriginal ownership of Aboriginal human remains wherever held;

recognising Aboriginal ownership of Aboriginal cultural heritage of a secret or sacred nature held in State collections;

recognising Aboriginal ownership of Aboriginal cultural heritage that is lawfully taken away from an area by an Aboriginal party for the area;

establishing a duty of care for activities that may harm Aboriginal cultural heritage;

establishing powers of protection, investigation and enforcement;

establishing a database and a register for recording Aboriginal cultural heritage;

ensuring Aboriginal people are involved in processes for managing the recognition, protection and conservation of Aboriginal cultural heritage;

establishing a process for the comprehensive study of Aboriginal cultural heritage;

establishing processes for the timely and efficient management of activities to avoid or minimise harm to Aboriginal cultural heritage.

The dictionary in schedule 2 defines particular words used in this Act.

Aboriginal cultural heritage is anything that is—

a significant Aboriginal area in Queensland; or

a significant Aboriginal object; or

evidence, of archaeological or historic significance, of Aboriginal occupation of an area of Queensland.

A significant Aboriginal area is an area of particular significance to Aboriginal people because of either or both of the following—

Aboriginal tradition;Editor’s note—

Under the Acts Interpretation Act 1954, section 36 (Meaning of commonly used words and expressions), Aboriginal tradition means the body of traditions, observances, customs and beliefs of Aboriginal people generally or of a particular community or group of Aboriginal people, and includes any such traditions, observances, customs and beliefs relating to particular persons, areas, objects or relationships.

the history, including contemporary history, of any Aboriginal party for the area.

A significant Aboriginal object is an object of particular significance to Aboriginal people because of either or both of the following—

Aboriginal tradition;

the history, including contemporary history, of an Aboriginal party for an area.

If a particular object or structure is evidence of Aboriginal occupation, the area immediately surrounding the object or structure is also evidence of Aboriginal occupation to the extent the area can not be separated from the object or structure without destroying or diminishing the object or structure’s significance as evidence of Aboriginal occupation.

This section gives more information about identifying significant Aboriginal areas.

For an area to be a significant Aboriginal area, it is not necessary for the area to contain markings or other physical evidence indicating Aboriginal occupation or otherwise denoting the area’s significance.

For example, the area might be a ceremonial place, a birthing place, a burial place or the site of a massacre.

Also, if significant Aboriginal objects exist in an area and the significance of the objects is intrinsically linked with their location in the area—

the existence of the objects in the area is enough on its own to make the area a significant Aboriginal area; and

if it is reasonably appropriate under this Act, the immediate area and the objects in it may be taken to be, collectively, a significant Aboriginal area.

For identifying a significant Aboriginal area, regard may be had to authoritative anthropological, biogeographical, historical and archaeological information.