Aboriginal Heritage Act 1972 (WA)

Western Australia

Western Australia

Aboriginal Heritage Act 1972

An Act to make provision for the preservation of places and objects customarily used by or traditional to the original inhabitants of Australia or their descendants, or associated therewith, and for other purposes incidental thereto.

[Long title inserted: No. 27 of 2021 s. 341; amended: No. 23 of 2023 s. 10.]

This Act may be cited as the Aboriginal Heritage Act 1972.

This Act shall come into operation on a date to be fixed by proclamation.

[3. Deleted: No. 24 of 1995 s. 4.]

In this Act, unless the context requires otherwise, —

Aboriginal means pertaining to the original inhabitants of Australia and to their descendants;

Aboriginal cultural material means an object of Aboriginal origin that has been declared to be so classified under section 40;

Aboriginal site means a place to which this Act applies by the operation of section 5;

Committee means the Aboriginal Cultural Heritage Committee established under section 28(1);

Department means the department of the Public Service principally assisting the Minister in the administration of this Act;

Museum means the body corporate constituted by that name under the Museum Act 1969;

person of Aboriginal descent means any person wholly or partly descended from the original inhabitants of Australia;

proceedings under this Act includes a proceeding commenced under this Act before the State Administrative Tribunal;

protected area means an area that has been declared to be such under section 19, and includes a temporarily protected area;

Registrar means the person appointed Registrar of Aboriginal Sites under section 37(1);

temporarily protected area means an area that has been declared to be such under section 20 and in respect of which the Order continues to have effect;

the Trustees means the Trustees of the Museum appointed under the Museum Act 1969;

traditional custodian in relation to any place or object means a person named by the Minister in consultation with the Committee in relation thereto under section 9.

[Section 4 amended: No. 24 of 1995 s. 5; No. 55 of 2004 s. 4; No. 27 of 2021 s. 339; No. 23 of 2023 s. 11.]

[4A-4C. Deleted: No. 23 of 2023 s. 12.]

This Act applies to —

• (a)

  any place of importance and significance where persons of Aboriginal descent have, or appear to have, left any object, natural or artificial, used for, or made or adapted for use for, any purpose connected with the traditional cultural life of the Aboriginal people, past or present;

• (b)

  any sacred, ritual or ceremonial site, which is of importance and special significance to persons of Aboriginal descent;

• (c)

  any place which, in the opinion of the Committee, is or was associated with the Aboriginal people and which…