Notice of an application for the protection of a specified area, being the area known as Lake Torrens, South Australia Invitation to make representations

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2021G00689 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 Lake Torrens, South Australia

Invitation to make representations

I, David Williams, 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 Lake Torrens, in South Australia. The Minister has appointed me to provide a report to the Minister under paragraph 10(1)(c) of the Act.

The Applicant

The application is made by Kahlia Gibson, Chairperson, and Glen Wingfield, Heritage Services Manager, of Kokatha Aboriginal Corporation (KAC) on behalf of the Kokatha People and Aboriginal People who have an interest in the protection of Lake Torrens (Applicant).

The purpose of the application

The application seeks the long-term preservation or protection of the area specified in the application. This specified area (specified area) is depicted in Figure 1 below. 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 defined by section 3 of the Act as an area of land or waters that is “of particular significance to Aboriginals in accordance with Aboriginal tradition”. ‘Aboriginal tradition’ is defined as 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 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 specified area

Figure 1 below depicts the area for which preservation and protection is sought. This specified area is described as the surface area of the whole of Lake Torrens, in South Australia including the islands.

The area has been described as approximately 350km northwest of Adelaide, approximately 450km long and 65km wide, with an area of 5900 square km. Its western boundary borders the Native Title Lands of Kokatha people.

Figure 1 – Map of the specified area, being the surface area of Lake Torrens, South Australia.

 

Claims in relation to ‘significant Aboriginal area’

The Applicant claims the specified area is of particular significance in accordance with Aboriginal tradition for the following reasons:

  • A number of significant Tjukurpatjina (dreaming) tracks pass through the lake, including Wati Wilyaru, Wati Nyiru (restricted), The Seven Sisters, and Kadnu.
  • The specified area is a restricted men’s area and is still in use for ceremonial purposes.

 

Claimed threat of injury or desecration

The Applicant claims that the specified area is under threat from the drilling proposed by Mr Lindsay Owler, of Kelaray Pty Ltd. The threat is primarily attributed to mining activities.

 

Invitation to make representations

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

David Williams

Clansadale Consulting

Principal Consultant

PO Box 334, Curtin, ACT, 2605

0407 430 138

clansadale@iinet.net.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, then the making representations in response to the Application, followed by the making final comments in response to representations received.

Representations must be made in writing by 5pm on 30 September 2021 or within such further period as may be allowed. Do not send your representations directly to the Minister.

Representations received by the due date will subsequently be provided to the Applicant and to all interested parties who duly submitted a representation, and thereafter the Applicant and such interested parties will be afforded an additional period of two weeks to make final comments in writing.

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 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.

Privacy notice

Personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable.

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 preferences or practices, trade or professional associations and memberships, union membership, criminal record, health or genetic information and biometric information or templates.

By submitting a representation in response to the ‘Notice of an application for the preservation and protection of a specified area, being Lake Torrens, you consent to the collection of all personal information, including sensitive information, contained in your representation.

I, David Williams, collect your personal information (as defined by the Privacy Act 1988 (Cth)) contained in your representation for the purposes of consideration in drafting a report under section 10 of the Act in relation the specified area and related purposes. If you do not provide some or all of any relevant personal information in your representation(s), I may be unable to fully and comprehensively consider your representation in the drafting of the report to be submitted for consideration by the Minister responsible for the Department of Agriculture, Water and the Environment.

The Department of Agriculture, Water and the Environment (department) collects your personal information (as defined by the Privacy Act 1988 (Cth)) contained in 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. If you do not provide some or all of any relevant personal information in your representation(s), the Minister may be unable to fully and comprehensively consider your representation in deciding whether to make a declaration under section 10 of the Act in relation to the specified area.

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), 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 1988 (Cth). Your personal information will be used and stored in accordance with the Australian Privacy Principles.

By submitting a representation, you consent to the disclosure of all personal information contained in your representation to the Minister and parties that may be affected by the decision of the Minister under section 10 of the Act.

See the department's Privacy Policy to learn more about accessing or correcting personal information or making a complaint. Alternatively, telephone the department on +61 2 6272 3933 and ask for the Privacy Policy Team.

 

Overview

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) was enacted to address the urgent need for the protection of significant Aboriginal areas that are under threat of injury or desecration. The Act was introduced by the Commonwealth Parliament to provide a legal framework for the preservation of culturally significant sites and to ensure that the rights and traditions of Aboriginal and Torres Strait Islander peoples are respected and safeguarded. The primary policy objective of the Act is to empower the Minister for the Environment to make declarations for the long-term preservation and protection of areas deemed significant by Aboriginal and Torres Strait Islander communities, thereby preventing injury or desecration of these sites. The Act seeks to balance the interests of Indigenous communities with other stakeholders by providing a structured process for applications, assessments, and decision-making, while ensuring that the voices of those directly affected are considered in the process.

Scope and Application

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) applies to areas deemed to be of particular significance to Aboriginals in accordance with Aboriginal tradition. The Act authorises the Minister for the Environment to make a declaration to preserve and protect such areas that are under threat of injury or desecration. The scope of the Act is national, providing protection for significant Aboriginal areas across Australia. The Act applies to individuals and entities, particularly those with a vested interest in the cultural heritage of the specified area, and mandates consideration of the broader impacts of any proposed activities that may affect these areas. The Act's reach is not limited to Commonwealth lands but extends to any area within Australia, including State and Territory lands, if deemed significant under Aboriginal tradition. Subordinate instruments may extend the application of the Act by defining specific procedural or protective measures, but these are subject to the overarching principles and requirements of the primary Act. The Act does not specify exclusions or exemptions; however, it provides avenues for interested parties to make representations, which the Minister must consider before making a declaration.

Key Provisions

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) (Act) contains provisions for the long-term preservation and protection of significant Aboriginal areas. Under section 10, the Minister for the Environment has the authority to make a declaration to preserve and protect a specified area if satisfied that it is a "significant Aboriginal area" under threat of injury or desecration. The definition of a "significant Aboriginal area" is found in section 3 of the Act, which includes any area of land or waters of particular significance to Aboriginals in accordance with Aboriginal tradition. This tradition encompasses 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. The Act imposes several obligations on parties involved in the application process. The Minister must consider the report prepared by the appointed consultant (in this case, David Williams) before making a declaration under section 10 of the Act. The report must address various specified 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 to be imposed, the potential impact on non-Aboriginal interests, the duration of the declaration, and the extent to which the area is already protected by state or territory laws. Furthermore, the Act allows interested parties to submit written representations by a specified deadline, which will be considered in the final report. The Act also includes provisions for potential breaches and the associated consequences. While the Act itself does not explicitly state penalties for non-compliance, other relevant legislation, such as the Environment Protection and Biodiversity Conservation Act 1999 (Cth), may impose penalties for actions that harm or desecrate significant Aboriginal areas. Penalties can include fines, imprisonment, or both, depending on the severity of the offence and the specific provisions of the applicable legislation. Additionally, civil actions may be pursued under state or territory laws for harm caused to Aboriginal cultural heritage.

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Area of Law
Indigenous Peoples & Native Title Law
Instrument
Gazette Notice
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Consultation Requirements

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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.