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

Invitation to make representations

I, Len Roberts, hereby give notice as follows:

The Hon Sussan Ley MP (the Minister), 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 specified area being an area known as Djaki Kundu (also known as Rocky Ridge), near Gympie, Queensland. 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 Sovereign Native Tribes of the Kabi First Nation State by Ms Diane Djaki Widjung and Mr Wit-boooka.

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 application has specified the area for which protection is sought as a traditional area. This is an area known as Djaki Kundu (also known as Rocky Ridge), near Gympie, Queensland.

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

Claimed nature of particular significance

The application states that the specified area is of particular significance in accordance with Aboriginal tradition because it is integral to religious, spiritual and ceremonial tribal practices and law / lore obligations. Further, the specified area is integral to creation stories and is connected to the Seven Sisters (the Pleiades) song line. The application states that specified area is still in use for ceremonial purposes.

Claimed threat of injury or desecration

The application states that the potential injury or desecration is attributed to the Bruce Highway – Cooroy to Curra project by the Queensland Department of Transport and Main Roads. The application states that the project will involve the construction of roads and bridges through the specified area and that these works will destroy a number of sacred sites, prevent the free exercise of religious and spiritual practice and destroy the foundations of spirituality and tribal law / lore customs and culture.

Invitation to make representations

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

Mr Len Roberts

Principal Archaeologist

Myall Coast Archaeological Services

6783 Pacific Highway, Tea Gardens, 2324, NSW

 

Ph: 0403 071 922

Email: archaeology@myallcoast.net.au

 

Representations must be made in writing by 5pm (AEST) on Wednesday, 16 June 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 protection of culturally significant sites and areas for Aboriginal and Torres Strait Islander peoples, particularly those under threat of injury or desecration. This Act was passed by the Commonwealth Parliament to provide a legal framework for the preservation of areas of cultural heritage importance to Indigenous Australians. The policy objective behind the Act is to safeguard Aboriginal and Torres Strait Islander heritage from harm, ensuring that significant sites are protected and respected. The Act empowers the Minister to make declarations to preserve and protect specified areas if they meet the criteria of being significant to Aboriginal people according to their traditions and are at risk of injury or desecration. This legislative measure aims to balance the need for development and other activities with the imperative to protect and honour Indigenous cultural heritage.

Scope and Application

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) applies to the preservation and protection of areas of significance to Aboriginal and Torres Strait Islander peoples, specifically when these areas are under threat of injury or desecration. The Act authorises the Minister responsible for the Act to make a declaration to preserve and protect specified areas if the Minister is satisfied that such areas are significant Aboriginal areas under threat. The Act extends to the Commonwealth jurisdiction and applies to areas across Australia, although the specific application mentioned pertains to Djaki Kundu, near Gympie, Queensland. The Act does not explicitly provide for exclusions or exemptions; however, the protection measures are contingent upon the significance of the area to Aboriginals and the nature of the threat involved. The Act may be extended through subordinate instruments to include additional areas or to modify the existing provisions, although no such instruments are mentioned in the provided notice. The notice calls for representations from interested persons regarding the application for protection of Djaki Kundu, detailing the significance of the area and the claimed threat posed by a road construction project.

Key Provisions

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) provides a mechanism for the protection of significant Aboriginal areas that are under threat of injury or desecration. Section 10 of the Act allows the Minister, upon receiving an application under this section, to decide whether to make a declaration to preserve and protect a specified area. The Act defines a "significant Aboriginal area" as one that holds particular importance to Aboriginals in accordance with Aboriginal tradition (s. 3). The Minister has the responsibility to consider a report prepared by an appointed person, which must address various aspects including the significance of the area, the nature and extent of the threat, the area's protection under existing laws, and the potential effects on the interests of non-Aboriginal parties (s. 10(4)). The Act imposes several obligations on the Minister and other parties involved. The Minister must prepare a report considering the matters specified under section 10(4) of the Act, which includes assessing the particular significance of the area, the nature and extent of the threat, and the implications of making a declaration. The appointed person preparing the report must ensure that all relevant matters are thoroughly examined and presented to the Minister (s. 10(1)(c)). Additionally, the Act mandates that interested persons be given an opportunity to make representations regarding the report, which must be submitted by a specified deadline (s. 10(4)(h)). Failure to comply with the requirements of the Act can result in various consequences. While the Act does not explicitly state specific penalties for breaches, non-compliance with the reporting obligations or failure to consider the representations made by interested parties could potentially lead to legal challenges or actions for failing to follow due process. The Minister's decision-making process is guided by the report and representations received, and any failure to properly conduct this process might be subject to judicial review. Furthermore, the Act ensures that any representations, even those claiming confidentiality, may be disclosed where authorised or required by law, to meet procedural fairness requirements, or in response to a parliamentary request (s. 10(4)(h)). This transparency helps maintain the integrity and accountability of the decision-making process under the Act.

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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.