State of Queensland (represented by Department of Health) v Wesley Aird

The State of Queensland, represented by the Department of Health, filed an application in the Land Court of Queensland for a recommendation on the approval of a draft cultural heritage management plan (CHMP) for the proposed Gold Coast University Hospital. Various Aboriginal parties had differing views on the draft CHMP, leading to an application to the Court under section 113 of the Aboriginal Cultural Heritage Act 2003. The primary legal issues revolved around the terms of the draft CHMP, particularly regarding the presence of an archaeologist on site, the insurance for Aboriginal monitors, and attendance at induction sessions.

The court addressed these issues through ex-tempore rulings, balancing the financial considerations of the State against the cultural heritage concerns of the Aboriginal parties. The court determined that the presence of an archaeologist for 10 days on site was a prudent financial decision given the likelihood of further indigenous cultural heritage discoveries. The court ruled that insurance matters should be handled between contractors and contractees rather than being specified in the CHMP. Additionally, the court found that while all endorsed parties should be notified of induction sessions, attendance was not mandatory if the sessions were substantially the same.

After these rulings, all parties present at the hearing agreed to the amended draft CHMP. The State then submitted a final version of the CHMP, incorporating all agreed amendments and rulings. The court recommended to the Minister for Natural Resources and Water that the amended CHMP be approved, acknowledging the significant efforts of all parties in reaching a resolution. The court ordered that the draft CHMP, except when provided to the Minister and parties, be sealed, marked confidential, and not opened except under court order.