Environment Protection and Biodiversity Conservation Act 1999
AMENDMENT TO THE NATIONAL HERITAGE LIST FOR THE WAVE HILL WALK-OFF ROUTE
I, Tanya Plibersek, the Minister for the Environment and Water, having considered in relation to the National Heritage List for the Wave Hill Walk-Off Route (Place ID: 105897) (the Place):
(a) Special Gazette No. S149 published 9 August 2007 by which the Place was included in the National Heritage List; and
(b) The Australian Heritage Council’s assessment of the proposed amendments to the National Heritage List for the Place provided under s 324JH(1) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).; and
(c) that no comments were given to the Australian Heritage Council under section 341JG of the EPBC Act,
being satisfied that the proposed amendment corrects an error of fact and does not alter the national heritage values of the Place, pursuant to section 324JJ of the EPBC Act and section 33(3) of the Acts Interpretation Act 1901, amend the National Heritage List for the Place by replacing the date ‘22 August 1966’ in the third sentence of the final paragraph under ‘Values’ for Criterion (a) with the date ’23 August 1966’.
For information, a consolidated version of the National Heritage List for the Place incorporating this amendment is provided in the Schedule.
Dated 5 June 2024
Tanya Plibersek Minister for the Environment and Water
SCHEDULE
TERRITORY
Name:
Location / Boundary
Criteria / Values
NOTHERN TERRITORY
Wave Hill Walk Off Route
About 300ha, between Wave Hill Homestead and Daguragu, comprising NT Portion 6643(A).
| Criterion | Values |
(a) | the place has outstanding heritage value because of the place's importance in the course, or pattern, of Australia's natural or cultural history. | The Wave Hill Walk-Off developed as a wholesale rejection of the governmental and industrial framework applying to Aboriginal pastoral workers. Conditions of Aboriginal pastoral workers and their families on remote cattle stations were well below those enjoyed and accepted by the vast majority of Australians. The Walk-Off was not resolved as an industrial matter. Instead, the Gurindji proceeded to establish an Aboriginal community on Aboriginal terms on their traditional lands at Daguragu. By taking this action, the Gurindji showed the vitality of Aboriginal aspirations to achieve a way of life that respected their Aboriginal identity, their traditions and their rights to their traditional lands. Their example, combining Aboriginal autonomy and land rights, influenced the direction of government policy following the 1967 referendum, which granted new powers to the Commonwealth Government to make laws for Aboriginal people.
The Gurindji were the first Aboriginal community to have land returned to them by the Commonwealth Government. The ceremony of the handover was conducted in a manner to highlight this historic precedent in the relationship between the Commonwealth Government and Aboriginal people over land rights. The evident intent of then Prime Minister Gough Whitlam was to communicate a new approach to Aboriginal policy based on a respectful recognition of the Aboriginal relationship to the land through a simple gesture of passing a handful of sand to Vincent Lingiari. The Gurindji hand over ceremony was the occasion for this message because the actions that the Gurindji initiated by walking off Wave Hill Station and by later establishing a new community at Daguragu led the way for this change of policy.
The Wave Hill Walk-Off Route includes the location of key stages in these events, including the Station homestead area from which the Gurindji walked off on 23 August 1966, the fence line they followed and a remembered resting point, the camps near Wave Hill Welfare Settlement where many important meetings were held, a key place in the establishment of Daguragu in March 1967 and the site where Gurindji received the historic handover of the title to their land on 16 August 1975. |
(h) | the place has outstanding heritage value to the nation because of the place's special association with the life or works of a person, or group of persons, of importance in Australia's natural or cultural history. | Vincent Lingiari OAM is an important figure in Australian history because of his role in the Wave Hill Walk-Off and subsequent events that contributed to the fundamental shift of Aboriginal policy following the 1967 referendum, towards Aboriginal self-determination and land rights. Vincent Lingiari combined leadership on industrial issues, with high authority in Aboriginal tradition, and dignity in impoverished circumstances to exemplify the Australian notion of ‘a fair go’.
In 1977, Vincent Lingiari was appointed a Member of the Order of Australia for his services to his people.
At every stage of the Route, Vincent Lingiari had a key leadership role. This includes his role in initiating the walk-off, in leading his people to Wave Hill Welfare Settlement, in the important meetings at the camps near Wave Hill Welfare Settlement, in the decision to establish the community at Daguragu and as the recipient of lands on behalf of the Gurindji, which took place at Daguragu. |
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and to establish a national system for the conservation of Australia's biodiversity. This legislation was introduced to address the need for comprehensive environmental protection measures that integrate biodiversity conservation with other forms of environmental management. The Act is administered by the Australian Parliament and its overarching policy objective is to safeguard the environment by preventing significant harm to matters of national environmental significance. In a recent amendment, the Act was used to correct an error in the National Heritage List for the Wave Hill Walk-Off Route, ensuring that historical facts are accurately represented. This amendment, made under section 324JJ of the EPBC Act, corrects the date of the Wave Hill Walk-Off from 22 August 1966 to 23 August 1966, thereby preserving the integrity of the historical record without altering the site's national heritage values.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various persons, entities, and activities within Australia that have a potential impact on matters of national environmental significance, including the protection of the nation’s heritage. This Act regulates the actions of individuals, corporations, and government bodies that may affect national heritage places, such as the Wave Hill Walk-Off Route, by requiring assessments and approvals for certain activities. The geographic reach of the EPBC Act is national, impacting all states and territories of Australia. The Act allows for the inclusion of places in the National Heritage List, as seen with the Wave Hill Walk-Off Route in the Northern Territory, which has been recognised for its outstanding heritage value due to its historical significance in the course of Australia’s natural and cultural history. The Act's application can be extended or restricted through subordinate instruments, such as regulations and codes of practice, which provide further detail on the management and protection of heritage places. Any amendments to the National Heritage List, like the correction of a factual error in the Wave Hill Walk-Off Route's listing, are made under the provisions of the EPBC Act, ensuring the integrity and accuracy of the heritage information.
Key Provisions
The main operative sections of this legislation pertain to the amendment of the National Heritage List for the Wave Hill Walk-Off Route. Specifically, the Act (section 324JJ) mandates that the Minister for the Environment and Water amend the date in the description of the Place on the National Heritage List, changing it from ‘22 August 1966’ to ‘23 August 1966’. This amendment is made pursuant to the findings of the Australian Heritage Council and is considered to correct an error of fact without altering the heritage values of the site (section 33(3) of the Acts Interpretation Act 1901). The Schedule to the Act provides a consolidated version of the amended National Heritage List for the Wave Hill Walk-Off Route.
The obligations and requirements imposed by this Act are primarily on the Minister for the Environment and Water. The Minister is required to amend the National Heritage List for the Wave Hill Walk-Off Route by correcting the date as specified. This amendment is made in light of the Australian Heritage Council's assessment, which confirms that the correction does not affect the national heritage values of the site. Furthermore, the Minister must ensure that the amendment is made in accordance with the provisions of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
In terms of penalties and consequences for breach, the Act does not explicitly outline specific criminal or civil penalties for non-compliance with the amendment. However, any failure to comply with the EPBC Act, including amendments to the National Heritage List, could potentially lead to legal consequences under the broader provisions of the Act. These could include fines or other enforcement actions as prescribed under the EPBC Act for non-compliance with heritage protection laws. The specific penalties for breaches would be determined in accordance with the general enforcement provisions of the Act.