Aboriginal Heritage Amendment Regulations 1995 (WA)

30 June 19951 GOVERNMENT GAZETTE, WA 2783

ABORIGINAL HERITAGE ACT 1972

ABORIGINAL HERITAGE AMENDMENT REGULATIONS 1095

Made by His Excellency the Governor in Executive Council.

Citation

1. These re lations may be cited as the Aboriginal Heritage Amendment

Reguhtbm 1 8 5 .

Commencement

2.      These regulations come into operation on the day on which the

Aboriginal Herrtage Amendment Act 1995 comes into operation.

Principal regulations

3.     In these regulations the Aboriginal Heritage Act Regulations 1974* are

referred to as the principal regulations.

[* Published in Gazette o 26 April 1974 at pp. 1407-08.

For amendments to 1 4 June 1995 see 1994 Index to Legislation of

Western Australia, Table 4, p. 5.1

Regulation 1 amended

4.      Regulation 1 of the principal regulations is amended by deleting

"Aboriginal Heritage Act Regulations, 1974" and substituting the

following -

13

" Aboriginal Heritage Regulations 1974

Regulation 2 repealed and a regulation substituted

5.      Regulation 2 of the principal regulations is repealed and the following

regulation substituted -

a6

Interpretation

2.      In these regulations -

(b)	in paragraph (c) by deletin "to an of the Trustees, or to the
Director or any officer o f the duseum, or to any person

"warden" means an honorary warden appointed by the

Minister under section 50 of the Act.

Regulation 3 amended

6.     Regulation 3 of the principal regulations is amended -

(a) by deleting paragraph (a) and substituting the folIowing paragraph -

(a) apply in relation to any Aboriginal site or

- protected area or land held subject to a	covenant in favour of the Minister in relation to
which the Minister has a duty under the Act; Yf.

f

and

2784 GOVERNMENT GAZETTE, WA [30 June 1995

authorized in writing by the Director," and substituting the

following -

"

to the Minister, the Registrar, any officer of the Department, or to any person duly authorized under the Act,

Regulation 4 amended

7. Regulation 4 of the tincipal regulations is amended b deleting

following - "Trustees"' in the 2 places W ere i t occurs and substituting in eac R K place the

U

" Minister

Regulation 5 amended

8.      Regulation 5 of the principal regulations is amended -

in subregulation (1) by deleting "Trusteesn and substituting the

(a) following -

" Minister "; and

in subregulation (2) by deleting "Director" and substituting the

(b) following -

39

" Minister

Regulation 6 amended

9.      Regulation 6 of the principal regulations is amended -

(a) in ara aph (a) by deleting "Director or any member of the s t a f f

of %e K s e u m n and substituting the iollolng -

Minister, the Registrar, or any officer of the
Department	m.

(b) in ara aph (b) by deleting "Director or any member of the staff

of &e g s e u m n and substituting the follorvlng -

66

Minister, the Registrar, or any officer of the

Department	$9.
P

and

Ic)	in paragraph (d) -
(i) by deleting "Director" and substituting the following -

" "; and

by deleting "Museum7' and substituting the following -

"

30 June 19951 GOVEEZNMENT GAZETTE, WA 2785

Regulation 7 amended

10. Regulation 7 of the rincipal regulations is amended by deleting

"Director," and substituting t e following - K

7,

' Minister or the Registrar,

Regulation 8 amended

11. Regulation 8 of the principal regulations is $mended by deleting "Director, or any member of the staff of the Museum, and substituting the following -

-

" >I

Minister, the Registrar, or any officer of the Department,

Regulation 10 amended

12.      Regulation 10 of the principal regulations is amended -

(a) by deleting "Director orn in the 2 places where i t occurs and

substituting in each place the following -
79. 9

" Minister or

(b) in paragraph (a) by deleting "Museum" and substituting the

following -

" Registrar or any officer of the Department "; and
(C)	in paragraph (h) by deleting "Director and" and substituting the following -
" Minister, or the Registrar, and ".

Regulation 11 repealed and a regulation substituted

13. Regulation 11 of the principal regulations is repealed and the following regulation substituted -

66

Powers of warden, and certificate (S. 50)

powers of a warden are those set out in the Act and these	11. (1) For the purposes of section 50 (1) of the Act, the
regulations, limited according to the terms of his appointment.
shall be furnishecf w t h a certificate in the form of Form 1 set out (2) For the urposes of section 50 (2) of the Act, a warden
in the Schedule. n

Regulation 12 amended

14.      Regulation 12 of the principal re lations is amended by deleting "A

member of the staff of the ~boriginaf?3tes Department of the Western

Australian Museum," and substituting the following -

"

An officer of the Department,

2 786 GOVERNMENT GAZETTE, WA [30 June 1995

Schedule amended

15.      The Schedule to the principal regulations is amended by deleting F o m s

1 and 2 and substituting the following forms -

U

Form 1

ABORIGINAL HERITAGE ACT 1972

[B. 50 and reg. 121

HONORARY WARaEN

Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

is hereby certified to have been appointed as an honorary warden

by the Minister in relation to -

Area in which the	)	. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
warden is authorized	)	. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
to act.	)	. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The validity of this certificate expires on . . . . . . . . . . . . . . .

(Date)

[Seal of Minister]

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature of warden

Form 2

ABORIGINAL HERITAGE ACT 1972

[rep. 12 @)l

TO WHOM IT MAY CONCERN

This is to certifjr that	. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Australia, and that helshe is empowerex to administer the	is an officer of the Aboriginal Affairs De artment of Western
Abort inal Heritage Act 1972, and the regulations made under that l c t .
. . . . . . . . . . . . . . . . . .
Chief Executive Off~cer
. . . . . . . . . . . . . . . . . . . . . .
Registrar of Aboriginal Sites
. . . . . . . . . . . . . . .

Date

Officer's signature:  . . . . . . . . . . . . . . . . . . . .

n

By His Excellency's Command,

J. PRITCHARD. Clerk o f the Council.