Notice of an application for the protection of a specified area, being the area known as Djaki Kundu, near Gympie, Queensland 2023

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au C2023G00579 In force Gazette

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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 Djaki Kundu, near Gympie, Queensland 2023

 

Invitation to make representations

I, Alice Buhrich, hereby give notice as follows:

The Minister for the Environment (Minister), responsible for the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) (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 ‘Djaki Kundu’ (also colloquially referred to as ‘Gympie Pyramid’ and ‘Rocky Ridge’) near the town of Gympie, Queensland. The Minister has appointed me to provide a report to the Minister under paragraph 10(1)(c) of the Act.

The Applicants

The application is made by Ms Diane Djaki Widjung and Wit-boooka on behalf of the Sovereign Native Tribes of the Kabi Kabi First Nation State (Applicants).

The purpose of the application

The application seeks the long-term preservation or protection of the area specified in the application (the specified area). This area is depicted in Figure 1. Section 10 of the Act confers power on the minister to make a declaration to preserve and protect an area where the minister is satisfied that it is a ‘significant Aboriginal area’ under threat of injury or desecration. A ‘significant Aboriginal area’ is an area of land or water in Australia that is ‘of particular significance to Aboriginals in accordance with Aboriginal tradition.’ ‘Aboriginal tradition’ is the ‘body of traditions, observances, customs and beliefs of Aboriginals generally or of a particular community or group of Aboriginals, and includes any such traditions, observances, customs or beliefs relating to particular persons, areas, objects or relationships.’

Matters the report is required to deal with

The minister must consider my report pursuant to section 10 of the Act in relation to the specified area before deciding whether to make a declaration under section 10 of the Act. Under subsection 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 who made the application, or 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 a State or Territory, and the effectiveness of any remedies available under any such law; and

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

The specified area

Figure 1 depicts the area for which preservation and protection is sought. The specified area is named Djaki Kundu, near Gympie, Queensland. The cultural landscape surrounding Djaki Kundu (also known as the Gympie Pyramids) is included in the specified area.

Figure 1 Map showing the specified area of Djaki Kundu, near Gympie, Queensland

Claims in relation to ‘significant Aboriginal area’

The application claims that the specified area is of particular significance in accordance with Aboriginal tradition because it is vital to their religious and spiritual tribal law/lore obligations and Kabi Kabi cultural heritage and identity. The application attributes significance to features of the specified area including:

  • A healing site and Women’s business site.
  • An area used for bunya law/lore gatherings, which includes a sacred bunya forest.
  • An area integral to the story of the Creator (Biral), the Seven Sisters of the Pleiades song line and the Water Spirit (Wirra Janjari) Dreaming.
  • An area which contains sacred ochre associated with the Water Spirit (Wirra Janjari) Dreaming.
  • A sacred landscape containing stonewalls, caves, scar trees, relics and artefacts created by their ancestors.
  • An area which holds special artefacts still buried underground, with tribal law/lore dictating that those objects must never be touched or removed. An area which is still in use for ceremonial purposes.

Claimed threat of injury or desecration

The application is seeking protection of the specified area as the above features are claimed to be under threat of injury or desecration by the development of the Bruce Highway – Cooroy to Curra, Section D: Woondum to Curra, proposed by the Queensland Department of Transport and Main Roads. The development of the highway will involve the clearing of land and the construction of roads and bridges through and over the specified area. The application also states that destruction of, and damage to, the specified area is already occurring and preventing the free exercise of Kabi Kabi religious and spiritual practice and destroying the foundations of Kabi Kabi spirituality and tribal law/lore, custom and culture.

Invitation to make representations

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

Alice Buhrich
Cultural Heritage Specialist  
Ph: 0488 035 778
Email: alice@tropx.com.au    

Interested parties are urged to contact me as soon as possible to be provided with further information about the submission process, including the provision of the Application, the making of representations in response to the Application, and the making of final comments in response to representations received.

Representations must be made in writing by 5pm AEST on 23 June 2023 or within such further period as may be allowed. Do not send your representations directly to the minister.

Representations made by, or on behalf of, more than person should be signed by each of those persons.

Representations received by the due date may subsequently be provided to the Applicant and other interested parties for their review and comment in order to meet procedural fairness requirements.  If representations are circulated to the Applicant and/or other interested parties for comment, an additional period will be allowed for those parties to make any final comments in writing.  Representations will only be circulated to the Applicant and/or other interested parties where the representation may adversely affect the interests of that particular interested party.  Please contact me should you have any questions about this.

Claiming confidentiality

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 and the Department of Climate Change, Energy, the Environment and Water (department), 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.

Privacy notice

The Privacy Act 1988 (Cth) (the Privacy Act) sets out how the department can collect, use and disclose the personal and sensitive information of individuals.

Personal information contained in any representations, submissions, correspondence and/or supporting material submitted will be collected by me, Alice Buhrich, and the department.  By submitting a representation, you consent to the collection, use and disclosure of all personal information, including sensitive information (as defined in the Privacy Act), contained in your representation, in accordance with this Privacy Notice. By submitting a representation, you agree that you have read and understood this Privacy Notice.

If a representation that you submit contains the personal information of another person, you are responsible for ensuring that the other person has agreed to their personal information being collected, used and disclosed for the purposes set out in this notice.

What is personal information and sensitive information?

‘Personal information’ is any information or opinion about an identified individual, or an individual who is reasonably identifiable (whether true or not).

‘Sensitive information’ is a subset of personal information and includes any information or opinion about an individual's racial or ethnic origin, political opinion or association, religious beliefs or affiliations, philosophical beliefs, sexual orientation or practices, trade or professional associations and memberships, union membership, criminal record, health or genetic information and biometric information or templates.

Your personal information will be used and stored in accordance with the Australian Privacy Principles set out in Schedule 1 of the Privacy Act.

Collection and use of personal information

Your personal information may be collected:

  • by the department from you directly, when you provide representations, submissions, correspondence and/or supporting material (together, Material) for the purposes of a section 10 application directly to the department, or to me as a person nominated by the Minister responsible for the Act to prepare a report in accordance with subsection 10(4) of the ATSIHP Act; and/or

 

  • by me from you directly, when you provide me with Material for the purposes of a section 10 application; and/or

 

  • by me and/or the department from a person or entity that has included your personal information in Material submitted to me or the department.

By providing Material in response to the ‘Notice of an application for the preservation and protection of a specified area, being the areas known as the Mount Pleasant Operation mine and The Pocket’, you consent to the collection of all personal information (including sensitive information) contained in the Material, by myself as the section 10 reporter and by the department.  By submitting a representation, you agree that you have read and understood this Privacy Notice.

I, Alice Buhrich, collect your personal information contained in your representation and any other Material you may provide to me for the purposes of consideration in drafting a report under section 10 of the ATSIHP Act in relation to the specified area and related purposes. I will disclose your personal information to the department for the purpose of providing a section 10 report.

The department collects your personal information as contained in your representation, and any subsequent correspondence in relation to your representation, for the purposes of the minister’s consideration in deciding whether to make a declaration under section 10 of the Act in relation to the specified area and related purposes.  

Disclosure of personal information

I and/or the department may disclose your personal information to the minister, parties that may be affected by a decision of the minister under section 10 of the Act (to meet procedural fairness requirements), other Commonwealth agencies, State or Territory agencies, and other Australian government agencies, persons or organisations where necessary for the above purposes, provided the disclosure is consistent with relevant laws, in particular the Privacy Act.  Your personal information will be used and stored in accordance with the Australian Privacy Principles set out in Schedule 1 of the Privacy Act.

By submitting a representation, you consent to the disclosure of all personal information contained in your representation to:

  • the department;
  • the minister;
  • parties that may be affected by the decision of the minister under section 10 of the Act, should this be required to meet procedural fairness requirements; and
  • other Australian government agencies, persons or organisations where necessary for the purposes of preparing the report and consideration of that report by the minister, provided the disclosure is consistent with relevant laws.

Your personal information will not be disclosed to overseas recipients unless such disclosure is necessary to consider an application made under section 10 of the ATSHIP Act or for related purposes.

Anonymous representations

You can choose to make an anonymous representation and/or to not disclose relevant personal information in your representation. However, this may mean your representation cannot be fully considered under the Act in relation to the specified area.

Personal and sensitive information of other individuals

If your representation contains the personal information of another person, you are responsible for ensuring that the other person has agreed to their personal information being collected, used and disclosed for the purposes set out in this notice. This includes giving them a copy of the Gazette Notice and this Privacy Notice.

Privacy Policy

The department's Privacy Policy is available at https://www.dcceew.gov.au/about/commitment/privacy. It contains more information about how personal information is handled, how to access or correct your personal information, and how to make a complaint.

 

 

 

Overview

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) was enacted to address the need for the protection of areas of significant cultural heritage to Aboriginal and Torres Strait Islander peoples. This federal Act empowers the Minister for the Environment to make declarations to protect significant Aboriginal areas that are under threat of injury or desecration. In 2023, an application was made under section 10 of the Act to protect the area known as Djaki Kundu near Gympie, Queensland, citing its particular significance in accordance with Aboriginal tradition, including its use for religious, spiritual, and cultural practices, as well as its status as a healing site and women's business site. The application claims that the proposed development of the Bruce Highway poses a threat to these features, necessitating the long-term preservation and protection of the area. The Minister appointed Alice Buhrich to prepare a report on the application, inviting interested parties to make representations by a specified date. This process is intended to ensure that all relevant matters, including the significance of the area, the nature of the threat, and the potential effects on other interests, are considered before a decision is made.

Scope and Application

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) applies to any person or entity intending to undertake activities that may affect areas of significant Aboriginal heritage in Australia. The Act is a Commonwealth law, which means it applies across the entire nation, regardless of state or territory boundaries. However, its application is particularly relevant to areas that hold cultural significance as recognised by Aboriginal or Torres Strait Islander peoples. The Act empowers the Minister for the Environment to make declarations to protect areas that are of particular significance to Aboriginals in accordance with their traditions. Such declarations can include prohibitions and restrictions on activities within the specified area to prevent injury or desecration. The Act does not specify exclusions or exemptions, but it does allow for the consideration of existing laws and protections provided by state or territory legislation, potentially allowing for concurrent application of both federal and state protections. The scope of the Act can be further defined through subordinate instruments that the Minister may issue to detail specific conditions, restrictions, or other measures necessary for the protection of specified areas.

Key Provisions

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) (Act) empowers the Minister for the Environment to make a declaration to preserve and protect an area identified as a significant Aboriginal area under threat of injury or desecration (s 10). This application pertains to the area known as Djaki Kundu near Gympie, Queensland, seeking protection under this provision. The Applicants, Ms Diane Djaki Widjung and Wit-boooka on behalf of the Sovereign Native Tribes of the Kabi Kabi First Nation State, have submitted an application for the long-term preservation and protection of this area, which they argue holds vital religious, spiritual, and cultural significance to their community. The application outlines various features of the area that they claim are under threat from the proposed development of the Bruce Highway. Under the Act, the Minister must consider a report prepared by a Cultural Heritage Specialist, in this case, Alice Buhrich, before making a decision on the application. This report must address several specified matters, including the particular significance of the area to Aboriginals, the nature and extent of the threat of injury or desecration, the extent of the area that should be protected, the prohibitions and restrictions to be imposed, the effects of making a declaration on non-Aboriginal parties, the duration of any declaration, the extent of existing protection under State or Territory law, and any other prescribed matters (s 10(4)). The report must also provide recommendations to the Minister based on these considerations. Parties or entities governed by the Act must adhere to several obligations. The Applicants must submit a detailed application that demonstrates the significance of the area in question and the threat it faces. They must also ensure that their application is supported by relevant evidence and adheres to the statutory requirements outlined in the Act. The Minister, upon receiving an application, must commission a report from a Cultural Heritage Specialist and consider this report carefully before making a decision. The Specialist must prepare a comprehensive report that addresses all the matters required by subsection 10(4) of the Act and provide a balanced assessment of the significance and threats to the area, as well as the potential impacts of a declaration. The Act imposes several potential consequences for non-compliance or breach of its provisions. While the Act itself does not explicitly detail offences, penalties, or civil/criminal consequences for breach, the implications of contravening a declaration made under section 10 could be severe. If a person is found to have contravened a declaration, they may be subject to penalties under other legislation, such as the Environment Protection and Biodiversity Conservation Act 1999 (Cth), which could include substantial fines and, in severe cases, imprisonment. Additionally, non-compliance with the Act's requirements for the submission and consideration of applications could lead to judicial review or other legal challenges, potentially resulting in the quashing of any declaration made or the requirement for the Minister to reconsider the application under proper procedures.

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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.