Aboriginal and Torres Strait Islander Heritage Protection Regulations (Amendment) (Cth)

Statutory Rules 1987 No. 1531

 

Aboriginal and Torres Strait Islander

Heritage Protection Regulations2

(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984.

Dated 7 July 1987.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Clyde Holding

Minister of State for Aboriginal Affairs

 

Principal Regulations

1. In these Regulations, “Principal Regulations” means the Aboriginal and Torres Strait Islander Heritage Protection Regulations.

Identity cards for authorised officers

2. Regulation 3 of the Principal Regulations is amended by omitting “the Schedule” and substituting “Schedule 1”.

3. After regulation 4 of the Principal Regulations the following regulations are inserted:

Amendment of Schedule to the Act

“5. For the purposes of subsection 21a (2) of the Act, the Schedule to the Act is amended:

(a) by omitting “Cann River Aboriginal Co-operative”;

(b) by omitting “and District” from “Lake Condah and District Cooperative Ltd.” and substituting “Aboriginal”; and

(c) by omitting “West Gippsland Aboriginal Co-operative Ltd.”.

 

(S.R. 172/87)—Cat. No.  16/25.6.1987

 

Form of emergency declaration

“6. For the purposes of subsection 21c (1) of the Act, the prescribed form of emergency declaration is the form in Schedule 2.

Compulsory acquisition

“7. For the purposes of subsection 21l (1) of the Act, the provisions of the Lands Acquisition Act 1955 in relation to the acquisition of land by compulsory process shall, so far as applicable, apply in relation to:

(a) Aboriginal places; and

(b) Aboriginal folklore and Aboriginal objects as if the references in that Act to land were references to any part of that folklore or any of those objects.

Prescribed authority: paragraph 21q (1) (c) of the Act

“8. For the purposes of paragraph 21q (1) (c) of the Act, the Museum of Victoria is a prescribed authority.

Identity card for inspectors

“9. (1) For the purposes of subsection 21r (2) of the Act, the prescribed form of identity card is the form in Schedule 3.

“(2) For the purposes of paragraph 21r (3) (b) of the Act, the following particulars are prescribed:

(a) name of inspector;

(b) identity card number;

(c) date appearing on identity card.

Inspection of register

“10. For the purposes of subsection 21v (2) of the Act, the prescribed circumstances in which the register shall be open for inspection are:

(a) where a person has applied to the Minister in writing to inspect the register and the Minister is satisfied that the person is likely to be affected by a declaration of preservation made under Part IIa of the Act and that disclosure of the particulars in the register to that person would not be likely to frustrate any of the purposes of the Act; or

(b) where a person has applied to the Minister in writing to inspect the register and the Minister is satisfied that the person has a lawful reason for knowing the particulars in the register and that disclosure of those particulars to that person would not be likely to frustrate any of the purposes of the Act.”.

Schedule 1

4. The Schedule to the Principal Regulations is amended by inserting “1” after “SCHEDULE”.

 

Schedules 2 and 3

5. The Principal Regulations are amended by adding at the end the following Schedules:

SCHEDULE 2 Regulation 6

FORM

COMMONWEALTH OF AUSTRALIA

EMERGENCY DECLARATION UNDER SUBSECTION 21c (1) OF THE ABORIGINAL AND TORRES STRAIT ISLANDER HERITAGE PROTECTION ACT 1984

I, (insert name of person making the declaration), an inspector appointed under section 21r of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984,(or) Minister of State for Aboriginal Affairs, (or) Magistrate of the State of Victoria, (where the declaration is made by an inspector or the Minister or where the declaration is made by a magistrate on an application by a local Aboriginal community, insert after an application made to me by (insert name of local Aboriginal community), a local Aboriginal community, (or where the application for the declaration was made by another person, insert name, description and address of that person)(or where the declaration is made by an inspector or the Minister on his or her own motion, insert on my own motion,) hereby make under subsection 21c (1) of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 an emergency declaration in relation to (describe or refer to each Aboriginal place or Aboriginal object that is the subject of the declaration in a manner that is sufficient to identify it)(if the declaration is to be subject to any terms, for example, if the manner of preservation to be adopted in relation to that place or object is to be specified, if the manner of removing a specified threat of injury to that place or object is to be specified, or if a prohibition of access to, or interference with, that place or object is to be specified, specify those terms).

Dated 19.

(Signature of person making the declaration)

 

SCHEDULE 3 Subregulation 9 (1)

FORM

COMMONWEALTH OF AUSTRALIA

IDENTITY CARD NO.

I, (name of Minister), Minister of State for Aboriginal Affairs, hereby certify that (name and description of inspector), whose photograph appears on this card, is an inspector under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984.

Dated 19 .

(Signature of Minister) Minister of State for Aboriginal Affairs

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 15 July 1987.

2. Statutory Rules 1984 No. 176 as amended by 1985 No. 40; 1986 No. 344.

Printed by Authority by the Commonwealth Government Printer