Notice of an application for the protection of a specified area, being the area known as Burragorang Valley, near Warragamba, New South Wales – Invitation to make representations

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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 Burragorang Valley, near Warragamba, New South Wales

Invitation to make representations

I, Greg Terrill, hereby give notice as follows:

The Hon Sussan Ley MP, 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. The application is seeking long term preservation and protection of a significant Aboriginal area being the area known as Burragorang Valley, near Warragamba, New South Wales. The Minister has appointed me to provide a report to her under section 10(1)(c) of the Act.

The Applicant

The application is made on behalf of the Gundungurra Aboriginal Heritage Association Inc. by Aunty Sharyn Halls.

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;

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

(h)           such other matters (if any) as prescribed.

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

The Applicant has specified the area for which protection is sought as a traditional area. This is the area known as the Burragorang Valley, near Warragamba, New South Wales.

Figure - 1 Map showing the specified area of Burragorang Valley, near Warragamba, NSW

 

Claimed nature of particular significance

The Applicant states that the specified area is of particular significance in accordance with Aboriginal tradition because it is the location of a creation story and several intersecting song lines. Further, the specified area contains landscape features from the chase of Gurangatch (Giant Eel) by Mirrigan (a Tiger Quoll like animal).

Claimed threat of injury or desecration

The Applicant states that the potential injury or desecration is attributed to the proposed raising of the Warragamba Dam walls. The Applicant claims the proposed works “will erase the tangible landscape features recorded in the Burragorang Valley creation story, impacting connection with landscape features described and handed down over countless generations of Gundungurra People”. Further, it will “destroy Gundungurra culture and the spirit of the People, but also all other Aboriginal people in the region that are interconnected to this story, and how it relates to the creation of their own Countries through these ancestral beings”.

 

Invitation to make representations

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

Dr Greg Terrill

PO Box 227

Dickson, ACT, 2602

Ph: 0417 048 259

Email: gterrill99@gmail.com

 

Representations must be made in writing by 5pm, Friday the 26 February 2021 or within such further period as may be allowed. Do not send your representations directly to the Minister.

 

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 the Department of Agriculture, Water and the Environment, 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 culturally significant Aboriginal areas from potential harm or desecration. The Act empowers the Minister responsible for the Act to make a declaration to preserve and protect specified areas that are deemed significant under Aboriginal tradition. The Parliament of Australia enacted this legislation to safeguard the cultural heritage of Aboriginal and Torres Strait Islander peoples. The policy objective is to ensure that areas of particular significance to Aboriginal people are protected from injury or desecration, thereby preserving their cultural heritage and connection to the land. The Act allows for public consultation and the consideration of various factors before a declaration is made, ensuring a balanced approach to heritage protection and other interests.

Scope and Application

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) applies to areas that are of significant cultural, spiritual, or archaeological importance to Aboriginal and Torres Strait Islander peoples. The Act allows for the protection of such areas from activities that may cause injury or desecration, with the aim of preserving their cultural heritage. This Act applies to both the Commonwealth and the states and territories of Australia, as it is a federal law. The Act provides mechanisms for the declaration of protected areas through the Minister for the Environment, who considers reports and representations before making a decision. Notably, the Act does not apply to areas that are already adequately protected under other laws, nor does it automatically extend its application to new areas through subordinate instruments without explicit legislative action. The Act provides for exclusions and exemptions through specific provisions that detail the circumstances under which the Act’s protections may not apply. The Act’s application is thus contingent upon the particular significance of an area to Aboriginal or Torres Strait Islander peoples and the existence of a threat to that area, as determined by the Minister.

Key Provisions

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) (the Act) provides a framework for the protection of areas that are of particular significance to Aboriginal and Torres Strait Islander peoples. Under section 10 of the Act, an application can be made to the Minister for the Environment to make a declaration that preserves and protects a specified area, if the Minister is satisfied that the area is a significant Aboriginal area and is under threat of injury or desecration. This means that the area must have cultural, spiritual or traditional significance to Aboriginal people and be at risk of harm or degradation. Once an application is received, the Minister must appoint a person to prepare a report on the application (section 10(1)(c)). This report must include various specified matters, such as the significance of the area, the nature and extent of the threat to the area, the extent of the area that should be protected, and the effects of making a declaration on other proprietary or pecuniary interests (section 10(4)). The Act imposes several obligations on the parties involved in an application for the protection of a specified area. The applicant must provide sufficient information and evidence to demonstrate that the area is of particular significance to Aboriginal people and is under threat of injury or desecration. The person appointed to prepare the report must consider all relevant matters and provide a comprehensive report to the Minister. The Minister must then consider the report and any representations made by interested parties before deciding whether to make a declaration. Additionally, if a declaration is made, the Minister must ensure that appropriate measures are in place to protect the specified area from injury or desecration. Breach of the provisions of the Act can result in civil or criminal penalties. Under section 13 of the Act, a person who intentionally injures or desecrates a significant Aboriginal area, or authorises or permits such injury or desecration, is guilty of an offence and may be subject to a fine of up to $300,000 or imprisonment for up to five years, or both. Similarly, a person who interferes with, or authorises or permits interference with, a specified area in a way that is inconsistent with the terms of a declaration made under section 10 of the Act may also be subject to a fine of up to $300,000 or imprisonment for up to five years, or both. These penalties reflect the serious nature of the offences and the importance of protecting significant Aboriginal areas. In summary, the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) provides a mechanism for the protection of areas that are of particular significance to Aboriginal and Torres Strait Islander peoples. The Act imposes obligations on applicants, report preparers and the Minister to ensure that appropriate measures are in place to protect specified areas from injury or desecration. Breach of the Act can result in significant civil and criminal penalties. The Act is an important tool for protecting the cultural heritage of Australia’s First Peoples.

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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.