Correction to Gazette Notice – Notice of an application for the protection of a specified area, being the area known as the Bellwood Sacred Site, New South Wales

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Legislation au C2018G00599 In force Gazette

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CORRECTION TO GAZETTE NOTICE – Notice of an application for the protection of a specified area, being the area known as the Bellwood Sacred Site, New South Wales

This notice corrects information in the Gazette notice C2018G00480 published on 26 June 2018.  The original notice, in setting out the matters the report under section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) is required to deal with, did not name the correct state law applicable in paragraph (g). The correct state law is included in the notice below. This notice also extends the period for submission of representations from 8 August 2018 to 24 August 2018.

A complete copy of the notice, as corrected, is produced below:

 

Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth)

Notice of an application for the protection of a specified area, being the area known as the Bellwood Sacred Site, New South Wales

Invitation to make representations

I, Daniel Leo, hereby give notice as follows:

The Minister for the Environment and Energy, responsible for the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) (the Act), has received an application made under section 10 of the Act seeking to protect a specified area, being the area known as the Bellwood Sacred Site, near Nambucca Heads in New South Wales. The Minister has appointed me to provide a report to him under section 10(1)(c) of the Act.

The Applicant

The application is made by the Nambucca Heads Local Aboriginal Land Council.

The purpose of the application

The application seeks the preservation or protection of the area specified in the application and depicted below in Figure 1, from injury or desecration. Section 10 of the Act enables the Minister to decide whether to make a declaration to preserve and protect the specified area, if the Minister is satisfied that the area is a significant Aboriginal area and is under threat of injury or desecration. In the Act, the term ‘significant Aboriginal area’ refers to an area that is of particular significance to Aboriginals in accordance with Aboriginal tradition. Section 3 of the Act provides definitions of relevant terms including ‘Aboriginal tradition’ and ‘injured or desecrated’. The area specified for protection, the claimed significance of the area and the claimed nature of the threat of injury or desecration is set out below.

Matters the report is required to deal with

The Minister will consider my report under section 10 of the Act in relation to the area sought to be protected before deciding whether to make a declaration under section 10 of the Act. Under section 10(4) of the Act, the report is required to deal with the following matters:

(a)           the particular significance of the area to Aboriginals;

(b)           the nature and extent of the threat of injury to, or desecration of, the area;

(c)            the extent of the area that should be protected;

(d)           the prohibitions and restrictions to be made with respect to the area;

(e)           the effects the making of a declaration may have on the proprietary or pecuniary interests of persons other than the Aboriginal or Aboriginals on whose behalf the application is made;

(f)             the duration of any declaration; and

(g)            the extent to which the area is or may be protected by or under a law of the State of New South Wales, and the effectiveness of any remedies available under any such law.

 

The area sought to be protected (the 'specified area')

The Applicant has specified one area for which protection is sought as a traditional area. This is the area known as the Bellwood Sacred Site, in New South Wales.

Figure 1: Map showing the specified area of Bellwood Sacred Site

Claimed nature of particular significance

The Applicant states that the specified area is of particular significance in accordance with Aboriginal tradition because it has long been recognised to be a significant Aboriginal area and partially protected as such. Other statements made by the Applicant include that:

  • it is a culturally and gender significant place that women are not allowed to see or be close to;
  • the area is the focal point of cultural belief on the entire Gumbaynggirr Nation;  
  • the area contains not only areas of ceremony, but the walking tracks used for 6000 years for the specific purpose of initiation and meeting;
  • the area is a yam collection site; and
  • the area forms a cultural landscape that was used for initiation purposes and includes Gumma and Gaagal Wanggaan.

Claimed threat of injury or desecration

The Applicant states that the potential injury or desecration is attributed to some of the activities that Waifand Superannuation Fund has specified in its roadworks and housing development as well as harvesting that will be undertaken by the Forestry Corporation of NSW. The threat is primarily attributed to, first, the proposed location of, and works associated with, the creation of a link road to connect Alexandra Drive and Marshall Way, as well as housing development along this road, and second, a native forest harvesting operation in the Nambucca State Forest. The Applicant states that plans by both parties would severely injure and desecrate the Bellwood Sacred Site and would have the effect of severing Bellwood Sacred Site from the rest of Gumbaynggirr Country as well as the cultural connection the Gumbaynggirr Nation have with the site.

 

Invitation to make representations

Interested persons are invited to furnish representations in connection with my report to:

Daniel Leo
Director, Leo Anthropological Service Pty Ltd

11 Tallowood Crescent

Byron Bay   NSW   2481

 

Telephone: 0487 266 622

Email: danleo@mail.com

Representations must be made in writing by 5pm NSW time on Friday 24 August 2018 or within such further period as may be allowed. You should not send your representations directly to the Minister. 

Representations received by the due date will subsequently be provided to all interested parties, and thereafter the applicant and interested parties will be afforded an additional period of two weeks to make a final comment.

If you wish to claim confidentiality over any part of your representation, please identify why you are claiming confidentiality and how you wish confidentiality to apply.  Representations will be provided to the Minister for the Environment and Energy and the Department of the Environment and Energy, along with the section 10 report. Representations, even those subject to confidentiality, may be disclosed where it is authorised or required by law, to meet procedural fairness requirements, and in response to a request by a House or Committee of the Parliament of the Commonwealth.

Overview

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) was enacted to address the need for protecting significant Aboriginal and Torres Strait Islander heritage sites from injury or desecration. This federal legislation was enacted by the Parliament of Australia and aims to safeguard areas of particular significance to Aboriginals in accordance with Aboriginal tradition, ensuring their protection and cultural integrity. This gazetted notice corrects an earlier notice published on 26 June 2018, providing accurate details about the applicable state law and extending the period for submission of representations concerning the proposed protection of the Bellwood Sacred Site in New South Wales. The Minister for the Environment and Energy has received an application from the Nambucca Heads Local Aboriginal Land Council to protect the Bellwood Sacred Site, and has appointed a report author to prepare a report on the application. Interested parties are invited to submit their representations by 24 August 2018, which will be considered alongside the report in the Minister's decision-making process.

Scope and Application

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) applies to the protection of significant Aboriginal areas in Australia. This Act specifically pertains to the application made by the Nambucca Heads Local Aboriginal Land Council for the protection of the Bellwood Sacred Site in New South Wales. The Act requires the Minister for the Environment and Energy to consider a report, which must address the significance of the area, the threat of injury or desecration, the area to be protected, applicable prohibitions and restrictions, the impact on proprietary interests, the duration of the declaration, and the extent of protection under state law. The geographic reach of this Act is national, as it pertains to the Commonwealth of Australia. However, in this case, the application is specific to a site in New South Wales, necessitating consideration of state law as well. There are no stated exclusions or exemptions in the notice itself, but the Act allows for the Minister to make a declaration if satisfied that the area is significant and under threat. The application of the Act may be extended or restricted through subordinate instruments, which are not detailed in the notice provided.

Key Provisions

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) contains provisions for the protection of significant Aboriginal areas, with section 10 being particularly relevant in this context. Section 10(1)(c) of the Act requires the Minister to appoint a person to provide a report on an application seeking the protection of a specified area. In this case, the Minister has appointed Daniel Leo to provide a report on the application made by the Nambucca Heads Local Aboriginal Land Council to protect the Bellwood Sacred Site in New South Wales. The report under section 10(4) must address several key matters, including the significance of the area to Aboriginals, the nature and extent of the threat, the area to be protected, the prohibitions and restrictions, the effects on proprietary or pecuniary interests, the duration of any declaration, and the extent of protection under state law (section 10(4)(a)-(g)). The obligations under this Act include ensuring that the Minister considers the report before deciding on a declaration. The report must be comprehensive, addressing all the required matters, and must be based on thorough investigation and consultation with relevant parties. The Act imposes several obligations on the parties involved. The Minister for the Environment and Energy must consider the report provided by the appointed person, in this case, Daniel Leo, before making a decision on the application. The Applicant, in this case, the Nambucca Heads Local Aboriginal Land Council, must provide a detailed application outlining the significance of the area, the threat of injury or desecration, and other relevant matters. Additionally, interested persons are invited to make representations regarding the application, which must be submitted by the specified deadline. The Minister must also ensure that any representations, even those subject to confidentiality, are considered in the decision-making process. These obligations are designed to ensure a thorough and fair process for determining whether the area in question merits protection under the Act. The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) also includes provisions for offences and penalties. While the Act itself does not specify detailed penalties for breaches, it is subject to other legislative frameworks that may impose penalties for non-compliance. For example, any failure to adhere to the requirements of the Act, such as providing a false report or not considering relevant representations, could potentially lead to civil or criminal consequences under other laws. In cases of serious breaches, such as deliberate desecration of a protected site, penalties could include substantial fines and imprisonment. The specific penalties would depend on the nature and severity of the breach, as well as any relevant state or federal laws that apply.

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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.