Aboriginal Cultural Heritage Act 2003 (Qld)

The "Aboriginal Cultural Heritage Act 2003" is legislation passed by Queensland Parliament and commencing April 2004, so as to create a defined legal responsibility on all Queenslander's to both value and protect the State of Queensland's Aboriginal cultural heritage.

Cultural Heritage: Definition

Aboriginal cultural heritage is anyQueensland Department of Natural Resources and Mines (2006) "Queensland Laws protect and respect our cultural heritage." Brochure, Brisbane] :

* significant Aboriginal area

* significant Aboriginal object

* place with evidence of archaeological or historic significance to Aboriginal occupation.

Cultural Heritage: Overview

The heritage law:

* establishes a duty of care for all Queensland's land users, regardless of tenure;

* recognises existing agreements landholders may have with traditional owners;

* establishes an Aboriginal cultural heritage register plus database;

* ensures protection of areas and objects of significance to Aboriginal people in accordance with their laws, customs or history

* removes the previous Queensland heritage legislation's requirement that a permit be obtained before cultural heritage studies or management plans are undertaken.

Cultural Heritage: Duty of Care

The Queensland Parliament's intent in proclaiming this legislation was to provide 'blanket' statutory protection to ALL of Queensland's Aboriginal cultural heritage, irrespective of whether or not that heritage has been previously identified as Aboriginal heritage.

To achieve it's ends, the Queensland Parliament created an Aboriginal cultural heritage 'duty of care' by which ANYone carrying out ANY activity on ANY land (including freehold) ANYwhere in Queensland is required by law to take:Department of Natural Resources and Mines (2005) "Cultural Heritage - Your Duty of Care". Cultural Heritage Information Series. Brisbane.]

"..all reasonable and practicable measures to ensure their activity does not harm Aboriginal cultural heritage".

The risks both individuals and corporations take should they fail to take care, and get caught damaging Aboriginal cultural heritage (even secret or sacred heritage embedded into the landscape unknown to the landuser), is legal prosecution (coordinated by Queensland Government's cultural heritage unit), and possilbe fines of up to $75 000 for individuals, or $750 000 for corporations.

See also

*Australian heritage law

External links

* [http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/A/AborCultHA03.pdf Aboriginal Cultural Heritage Act 2003 (Qld)] Accessed 3 March 2008
* [http://www.atns.net.au/agreement.asp?EntityID=2498 ATNS (Agreements, Treaties, Negotiated Settlements Project Database Entry on Aboriginal Cultural Heritage Act 2003 (Qld)] Accessed 3 March 2008
* [http://www.nrw.qld.gov.au/cultural_heritage/index.html Queensland Cultural Heritage Coordination Unit web page] Accessed 3 March 2008
* [http://www.nrw.qld.gov.au/cultural_heritage/legislation/summary.html Queensland Department of Natural Resouces and Water's Summary of the Aboriginal Cultural Heritage Act 2003 (Qld)] Accessed 3 March 2008

References