EXPLANATORY STATEMENT
ABORIGINAL AND TORRES STRAIT ISLANDER HERITAGE PROTECTION REGULATIONS
Statutory Rules 1989 No. 420. Issued by the Authority of the Minister of State for Aboriginal Affairs.
These regulations are made under Section 32 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 which provides that the Governor-General may make regulations not inconsistent with the Act prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
On request of the Government of Victoria, the Parliament of the Commonwealth has enacted the Aboriginal and Torres Strait Islander Heritage Protection Amendment Act 1987 (the Act) (Act No. 39 of 1987, assented to on 5 June 1987) to make certain provision for the preservation of the Aboriginal cultural heritage in Victoria, and for related purposes.
The Regulation provides that the description of the boundaries of the community areas specified in Schedule 4 are the areas of the local Aboriginal communities as defined in sub-section 21A(1) of the Act.
The Regulation amended the Schedule to the Act by:
(a) omitting “Bendigo Dja Dja Wung” and substituting “Bendigo Dja Dja Wrung”;
(b) inserting “and” after “Sunraysia”;
(c) by omitting “Lake Tyres” and inserting “Lake Tyers”; and
(d) inserting “West Gippsland Aboriginal Co-operative Ltd” after “Wathaurong Aboriginal Co-operative Ltd.”
The Regulation provides for the type of information to be provided where an inspector or the Minister makes, varies or revoke an emergency declaration, or by a magistrate where an application by a local Aboriginal community for an emergency declaration is made.
Section 21C provides for the making of an emergency declaration of preservation where a place or object is under threat of injury or desecration. Where an emergency declaration is varied or revoked all reasonable steps are to be taken to notify any person who is likely to be affected.
The Regulation provides for a notice of advice or determination to contain information which identifies the person to whom a notice is given, the contents of the advice or determination, and a description of any land to which the advice or determination relates. The notice will also be signed by the person giving the notice.
Section 21D and 21E provides for the Minister to make temporary declarations and declarations of preservation following receipt of advice from a local Aboriginal community, or on his own determination that such a declaration of preservation should be made. Sub-sections 21D(2)(a) or 21E(2)(a) provide that the notice of advice or the Minister’s determination shall, within 14 days, be given to any person who is likely to be affected by the making of a declaration.
The Regulation provides for the type of information to be included in temporary declarations and declarations of preservation.
Sections 21D and 21E provide for the Minister to make the declaration in writing and to specify the terms of the declarations and the manner of preservation to be adopted.
The Regulation provides that where the Minister has decided to make a temporary declaration, or to vary or revoke the temporary declaration, notice will be given in the manner prescribed in the Regulation.
Section 21D provides for the Minister, when making temporary declarations of preservation, to give notice of the making, variation or revocation of the declaration.
The Regulation provides that consent to deface an Aboriginal object or Aboriginal place must be in writing, and include the name and address to whom the consent is given, as well as to provide a description of the land to which the consent relates.
Section 21U provides that a person shall not wilfully deface, damage or otherwise interfere with or do any act likely to endanger an Aboriginal object or Aboriginal place without first obtaining the consent of the local Aboriginal community.
Schedule 4 of the Regulations provide for description of the boundaries of a number of community areas listed in the Schedule to the Act.