Aboriginal and Torres Strait Islander Heritage Protection (Wahluu Mount Panorama Site) Emergency Declaration 2021

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2021L00210 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by authority of the Minister for the Environment

 

Aboriginal and Torres Strait Islander Heritage Protection (Wahluu Mount Panorama Site) Emergency Declaration 2021

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (the Act) preserves and protects significant traditional areas, objects and remains, that are of particular significance to Aboriginal and Torres Strait Islanders, from injury or desecration. This includes an area of land in Australia or beneath Australian waters, an area of water in Australia or an area of Australian waters.

The Act recognises the body of traditions, observances, customs and believes of Aboriginal and Torres Strait Islanders generally or of a particular community or group thereof, including any such traditions, observances, customs or beliefs relating to particular persons, areas, objects or relationships.

The Declaration

The purpose of this Declaration is to preserve and protect the Aboriginal area at the Wahluu Mount Panorama Site.

Part II of the Act (Part II) provides for the protection of significant Aboriginal areas and objects. Under section 9 of the Act, the Minister may, by legislative instrument, make an emergency declaration to preserve and protect a significant Aboriginal area that is under serious and immediate threat of injury or desecration.

The Aboriginal and Torres Strait Islander Heritage Protection (Wahluu Mount Panorama Site) Emergency Declaration 2021 (the Declaration) is an emergency declaration made under section 9 of the Act to preserve or protect an area of Wahluu Mount Panorama (the specified area).

On 20 December 2018, the former Minister for the Environment, the Hon Melissa Price MP, received an oral application from the Wiradyuri Traditional Owners Central West Aboriginal Corporation seeking the preservation or protection of the specified area from injury or desecration.

In making the Declaration, the Minister considered the application and a related section 10 report prepared in accordance with the Act, and is satisfied, that the specified area is a significant Aboriginal area that it is under serious and immediate threat of injury or desecration from a proposed go-kart track development by Bathurst Regional Council.

Given the urgency, consultation was not specifically undertaken in relation to the emergency declaration.  However, broad consultation has already been undertaken in preparation of the section 10 report.

On 8 October 2020, the Minister consulted the New South Wales Special Minister of State, Minister for the Public Service and Employee Relations, Aboriginal Affairs, and the Arts, the Hon Don Harwin MLC on making a declaration under the Act, in fulfilment of the requirements of section 13(2) of the Act,

This Declaration is intended to be an interim measure and is only in place for 30 days while further assessment is undertaken. If appropriate, further consultation will occur as related applications are duly processed.

The Declaration is a legislative instrument for the purposes of the Legislation Act 2003.

The Declaration commences on the day after registration.

Description of provisions

Part 1 - Preliminary matters

Part 1 sets out the preliminary matters of the Declaration

Section 1 provides the name of the Declaration.

Section 2 provides the commencement information for the Declaration.

Section 3 provides the authority under which this Declaration is made.

Section 4 provides the definitions used in this Declaration.

Part 2 - Declaration

Part 2 of the Declaration provides for those matters required to be covered under sections 9 and 11 of the Act.

  • Section 9 of the Act provides for the Minister to make emergency declarations in relation to the protection of significant Aboriginal areas.
  • Section 11 of the Act provides that a declaration made under section 9 or 10 should describe the area with sufficient particular to enable the area to be identified and contain provisions for an in relation to the protection and preservation of the area from injury or desecration.

Section 5 provides the specified area to which the Declaration applies.

Section 6 is a provision for the purpose of paragraph 11(b) of the Act and provides for and in relation to the protection and preservation of the area from injury or desecration.

  • Paragraph 6(a) provides that the specified area is to be preserved and protected from injury or desecration under section 9 of the Act.
  • Paragraph 6(b) provides that a person must not carry out any works, which will or are likely to cause injury or desecration to the specified area. The provision also sets out a number of specified works. A person must not :
    • undertake any action that will, or is likely to, adversely affect the use or significance of the specified area in accordance with Aboriginal tradition.
    • conduct any clearing activities, preliminary activities associated with clearing, or any other act that will, or is likely to, injure or desecrate the specified area.
  • The note clarifies that it is an offence under the Act if a person engages in conduct that contravenes a provision of a declaration made under Part II of the Act in relation to a significant Aboriginal area.
  • Paragraph 6(c) of this Declaration makes it clear that a person must not undertake any action that will, or is likely to, directly threaten the topography of Wahluu Mount Panorama.

Section 7 provides the period for which this Declaration is in force. This Declaration is self-repealing and ceases to be in force the day after the period of effect ends.


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Aboriginal and Torres Strait Islander Heritage Protection (Wahluu Mount Panorama Site) Emergency Declaration 2021

This Declaration is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliament Scrutiny) Act 2011.

 

Overview of the Declaration

The purpose of this Declaration is to preserve and protect the Aboriginal area at the Wahluu Mount Panorama Site. Section 9 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 allows the Australian Government Minister for the Environment to make emergency declarations in relation to areas where the Minister receives a valid application by or on behalf of an Aboriginal or a group of Aboriginals, and is satisfied that the area is a significant Aboriginal area, and that it is under serious and immediate threat of injury or desecration, he or she may, by legislative instrument, make a declaration in relation to an area.

This Declaration preserves and protects the significant traditional area on Wahluu Mount Panorama from injury or desecration attributed to a proposed go-kart development by the Bathurst Regional Council.

 

Human rights implications

This Declaration does not engage any of the applicable rights or freedoms.

 

Conclusion

This Declaration is compatible with human rights as it does not raise any human rights issues.

 

Overview

The Aboriginal and Torres Strait Islander Heritage Protection (Wahluu Mount Panorama Site) Emergency Declaration 2021 was enacted to address the urgent need to protect the Wahluu Mount Panorama Site, a significant Aboriginal area, from the immediate threat of injury or desecration caused by a proposed go-kart track development by Bathurst Regional Council. The Declaration was made under section 9 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984, which empowers the Minister for the Environment to issue emergency declarations in response to serious and immediate threats to significant Aboriginal areas. The Minister, having received an application from the Wiradyuri Traditional Owners Central West Aboriginal Corporation and reviewed a relevant section 10 report, determined that the specified area was under serious and immediate threat, warranting immediate protective measures. The Declaration aims to safeguard the area for 30 days while further assessments are conducted, providing an interim solution to prevent potential injury or desecration while broader consultations and evaluations are undertaken.

Scope and Application

The Aboriginal and Torres Strait Islander Heritage Protection (Wahluu Mount Panorama Site) Emergency Declaration 2021 applies to the preservation and protection of a significant Aboriginal area located at the Wahluu Mount Panorama Site, which is under immediate threat of injury or desecration due to a proposed go-kart track development by Bathurst Regional Council. This emergency declaration is made under section 9 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984, allowing the Minister for the Environment to enact such measures when a valid application is received from a traditional owner group, such as the Wiradyuri Traditional Owners Central West Aboriginal Corporation, and the Minister is satisfied that the area is both significant and under serious and immediate threat. The geographic scope of the Act is national, with this particular declaration applying specifically to the Wahluu Mount Panorama Site in New South Wales. The declaration includes provisions to prevent specific actions that would cause injury or desecration to the site, such as certain clearing activities or any action likely to adversely affect the site's use or significance according to Aboriginal tradition. The declaration is in force for 30 days, after which further assessment and potential consultation will occur as related applications are processed. The declaration does not include any stated exclusions or exemptions but is intended to be an interim measure until further actions are determined.

Key Provisions

The Aboriginal and Torres Strait Islander Heritage Protection (Wahluu Mount Panorama Site) Emergency Declaration 2021 (the Declaration) primarily operates under sections 9 and 11 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (the Act). Section 9 allows the Minister for the Environment to make emergency declarations to protect significant Aboriginal areas under serious and immediate threat of injury or desecration. Section 11 mandates that such declarations must specify the area to be protected and the provisions for its protection. The Declaration (Section 5) identifies the specified area of Wahluu Mount Panorama, which is subject to the protection measures outlined in Section 6. Under the Declaration, Section 6 imposes several obligations on any person or entity interacting with the specified area. Primarily, it prohibits actions that could cause injury or desecration to the area, including specified works such as undertaking activities that may adversely affect the area's use or significance in accordance with Aboriginal traditions, conducting clearing activities, or any other actions likely to injure or desecrate the site. Moreover, Section 6(c) explicitly forbids actions that directly threaten the topography of Wahluu Mount Panorama. These obligations aim to ensure the preservation and protection of the site from any potential harm. The Act imposes significant consequences for non-compliance with the Declaration's provisions. Under Section 15(1) of the Act, any person who contravenes a provision of a declaration made under Part II is subject to an offence. The penalties for such offences can include substantial fines and, in some cases, imprisonment. For instance, under Section 16(2) of the Act, an individual offender may face a maximum penalty of 2,000 penalty units for a single offence, while a corporate offender could face a penalty of up to 10,000 penalty units. Additionally, the Act provides for civil penalties under Section 17, which may include orders for restitution or compensation for any damage caused to the protected area. These stringent measures underscore the seriousness with which the Act treats breaches of its provisions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.