Notice of an application for the protection of a specified area, consisting of six parts, near and overlapping Wahluu / Mount Panorama, Bathurst, NSW

Administered by Department of Agriculture, Fisheries and Forestry

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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, consisting of six parts, near and overlapping Wahluu / Mount Panorama, Bathurst, NSW

Invitation to make representations

I, Elle Lillis, 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 claimed significant Aboriginal area, consisting of six parts, near and overlapping, Wahluu / Mount Panorama, Bathurst, New South Wales. 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 the Wiradyuri Traditional Owners Central West Aboriginal Corporation (applicant).

The purpose of the application

The application seeks the long-term preservation or protection of the area specified in the application (specified area). The 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 specified area, consisting of six parts, near and overlapping Wahluu / Mount Panorama for which preservation and protection is sought.  

Figure 1 Map showing the specified area, consisting of six parts, near and overlapping Wahluu / Mount Panorama.

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:

  • The applicant has knowledge that Wahluu, including the specified area, is a cultural landscape with deep cultural significance that includes a complex of sacred places and significant cultural items associated with specific cultural purposes.
  • The applicant has knowledge that the specified area has both tangible and intangible heritage values, including archaeological evidence.
  • The applicant has knowledge that the specified area is sacred and associated with their cultural knowledge and stories.

 Claimed threat of injury or desecration

The applicant claims the specified area is under threat from:

  • The construction of a second motor vehicle racing circuit, and associated facilities near, and overlapping parts of, Wahluu / Mount Panorama. The second circuit is proposed by Bathurst Regional Council (proponent 1). Refer to Figure 1, the specified area labelled A;
  • Circuit maintenance and preparation, including earthworks and removal of rocks at Mount Panorama Motorcycle Club Mount Panorama Motocross Circuit, proposed by Panorama Motorcycle Club Inc (proponent 2). Refer to Figure 1, the specified area labelled A;
  • Remediation works at McPhillamy Park, proposed by Bathurst Regional Council. Refer to Figure 1, the specified area labelled B;
  • The construction of a dwelling at 428 Conrad Straight, proposed by Botham Homes (proponent 3). Refer to Figure 1, the specified area labelled C; and
  • Geotechnical test pits and bore holes for construction of a pipeline, proposed by GHD Pty Ltd (proponent 4). Refer to Figure 1, the specified area labelled D.

Invitation to make representations

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

Elle Lillis
Principal Archaeologist, Virtus Heritage
PO Box 101,

Pottsville NSW 2489

Phone: (02) 6676 4354

Email: consultation@virtusheritage.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, making representations in response to the application, and making final comments in response to representations received.

Representations must be made in writing by 5pm on Monday 6 December 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 submitted a representation, and thereafter the applicant and 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, consisting of six parts, near and overlapping Wahluu / Mount Panorama, Bathurst, NSW’, you consent to the collection of all personal information, including sensitive information, contained in your representation.

I, Elle Lillis, 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 Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) (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 (Minister).

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.

 

Overview

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) was enacted to address the need for the protection of sites and objects of cultural significance to Aboriginal and Torres Strait Islander peoples. This legislation was introduced by the Commonwealth Parliament to provide a framework for the preservation and protection of areas deemed significant under Aboriginal tradition. The policy objective of the Act is to safeguard these areas from potential injury or desecration, recognising their importance to the cultural heritage of Aboriginal and Torres Strait Islander communities. Under the Act, the Minister for the Environment is responsible for receiving applications for the protection of specified areas and must consider these applications in light of the Act's provisions, including the potential impacts on non-Aboriginal interests and existing legal protections. The Act empowers the Minister to make declarations that preserve and protect these areas, ensuring their continued significance is maintained for future generations.

Scope and Application

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) applies to areas of land and waters that are of particular significance to Aboriginals in accordance with Aboriginal tradition. This includes any traditions, observances, customs or beliefs relating to particular persons, areas, objects or relationships. The Act is applicable to the Commonwealth and extends to territories and external affairs, thereby encompassing a broad jurisdictional reach. The Act applies to both persons and entities that may be involved in activities that threaten or desecrate significant Aboriginal areas. The Minister for the Environment is responsible for the Act and can make a declaration to preserve and protect an area under threat of injury or desecration. The Act does not provide explicit exclusions or thresholds, but the application of the Act can be influenced by subordinate instruments or regulations that may extend or restrict its application. These instruments can define specific procedures, conditions, and criteria relevant to the protection and preservation of Aboriginal heritage sites.

Key Provisions

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) (Act) provides a framework for the protection of significant Aboriginal areas that are under threat of injury or desecration. Section 10 of the Act allows the Minister for the Environment to make a declaration to preserve and protect such areas if satisfied that they meet the criteria. This notice pertains to an application made under section 10 of the Act, seeking the protection of a specified area near Wahluu / Mount Panorama, Bathurst, New South Wales. The application has been made by the Wiradyuri Traditional Owners Central West Aboriginal Corporation (applicant), which claims that the area holds significant cultural heritage and is under threat from various proposed developments. The Act imposes specific obligations on the Minister and the applicant. Pursuant to section 10(1)(c), the Minister must consider a report on the application before deciding whether to make a declaration. The report must address several matters, including the significance of the area to Aboriginals, the nature and extent of the threat, the appropriate extent of protection, the potential impact on non-Aboriginal interests, and the duration and effectiveness of existing protections (section 10(4)). The applicant, on the other hand, must substantiate their claims with evidence supporting the cultural significance of the area and the threats posed by the proposed developments. Breach of the provisions of the Act may result in significant legal consequences. While the Act itself does not specify offences or penalties, other laws may impose sanctions for non-compliance or unauthorised actions that impact protected areas. For instance, damaging or desecrating a protected site could lead to criminal charges under state or territory laws, with penalties varying according to the jurisdiction and the severity of the offence. Additionally, civil actions for damages may be pursued by affected Aboriginal groups or individuals. Non-compliance with the Act’s requirements for consultation and representation could also result in legal challenges, potentially leading to court orders to halt activities or require remedial actions. The Act also includes provisions for the collection and handling of personal information submitted during the consultation process. Submissions made by interested parties are subject to the Australian Privacy Principles, ensuring that personal information is handled responsibly and in compliance with privacy laws. The collection and disclosure of such information are strictly for the purposes of considering the application and making a decision under the Act. Interested parties are encouraged to make representations by the specified deadline, ensuring that all submissions are provided to relevant stakeholders and considered in the final decision-making process.

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Indigenous Peoples & Native Title Law
Instrument
Gazette Notice
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Definitions & Interpretation
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.