Notice of an application for the protection of Watarrka (Kings Canyon) National Park - Invitation to make representations

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Legislation au C2017G00431 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 Watarrka (Kings Canyon) National Park

Invitation to make representations

I, Kim McCaul, hereby give notice as follows:

The Minister for the Environment and Energy, the Hon Josh Frydenberg MP, being 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 seeking to protect Watarrka (Kings Canyon) National Park, in the Northern Territory, and appointed me to provide a report to him under section 10(1)(c) of the Act.

The applicants

The application is made by the Martutjarra-Luritja Traditional Owners of Watarrka National Park.

The purpose of the application

The application seeks the preservation or protection of the area specified in the application, and shown at Figure 1 below, 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 Aboriginal people in accordance with Aboriginal tradition. Section 3 of the Act provides definitions of ‘significant Aboriginal area’ and other 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 are 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 specified for protection 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 making the application or on whose behalf the application is made;

(f)             the duration of any declaration; and

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

 

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

The applicant specifies the area for which protection is sought as being the entire area known as Watarrka (Kings Canyon) National Park, located in the Northern Territory, Australia.

Figure 1 Map showing the specified area known as Watarrka (Kings Canyon) National Park, Northern Territory

Claimed nature of particular significance

The application indicates that the particular significance of the specified area arises because:

  • Watarrka is a place of complex mythology and of ongoing ceremonial importance to Aboriginal people. The area’s cultural significance, and its importance in Aboriginal mythology, is inextricably linked to the area’s outstanding geographical features.
  • Dreaming tracks of utmost importance to the Murtitjarra-Luritja ngurraritja (Traditional Owners) of the park cover almost the entire park.
  • The area contains a number of places of spiritual significance to the Traditional Owners.
  • Watarrka is the physical representation of the tjukurrpa (the dreaming). Under the laws from the tjukurrpa, Traditional Owners are responsible for country, and are obliged to maintain and protect it through cultural practices such as ceremonies and the passing on of traditional ecological knowledge.
  • Watarrka continues to be a place where traditions, observances, customs and beliefs are handed down from generation to generation as they have been for thousands of years. The park continues to play a central part in the traditional life of Aboriginal people and is frequently used for the carrying out of ceremonies and Aboriginal business.

Claimed threat of injury or desecration

The application indicates that the potential injury or desecration is attributed to any form of mining or oil and gas development, whether production or exploration, occurring within Watarrka (Kings Canyon) National Park. The application indicates that, in the view of the applicants, such development will irreversibly desecrate or destroy the specified area, because of the claimed inconsistency of such development with Aboriginal tradition.

Invitation to make representations

Interested persons are invited to make representations on this matter to:

Kim McCaul

Director

Culture Matters Consulting Pty Ltd
PO Box 135 
Belair  
SA 5052

Telephone: 0437 063 336

Email: kcmccaul@gmail.com

Representations must be made in writing by close of business by 15 May 2017 or within such further period as I may allow. You should 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 want confidentiality to apply. All representations, whether or not they are provided in confidence, will be provided to the Minister for the Environment and Energy, and the Department of the Environment and Energy, 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 urgent need to protect significant Aboriginal areas that are under threat of injury or desecration. The Act was introduced by the Australian Parliament to safeguard cultural heritage sites that hold profound spiritual, historical, and cultural importance to Aboriginal and Torres Strait Islander peoples. The policy objective of the Act is to ensure the preservation of these areas, which are often at risk from development activities that could irreparably harm their significance. The Minister for the Environment and Energy is responsible for assessing applications under the Act and deciding whether to make a declaration to protect the specified areas, taking into account the particular significance of the area, the threat of injury or desecration, and the effects on other interests.

Scope and Application

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) applies to the preservation and protection of areas of cultural significance to Aboriginal and Torres Strait Islander peoples across Australia. Specifically, the Act empowers the Minister for the Environment and Energy to make a declaration to protect significant Aboriginal areas under threat of injury or desecration. This Act applies to entities or individuals, including Traditional Owners, who may seek protection for areas they consider of particular significance in accordance with Aboriginal tradition. The Act has a national reach, as it is a Commonwealth Act and applies across all states and territories in Australia. However, it should be noted that the Act does not override or restrict the application of other relevant state or territory laws. The Act does not explicitly set out exclusions, exemptions, or thresholds, but rather considers each application on a case-by-case basis, taking into account factors such as the significance of the area, the nature of the threat, and the effectiveness of existing protections. The application of the Act may be extended or restricted through subordinate instruments, such as regulations or guidelines, which may provide further clarification or detail on specific aspects of the Act.

Key Provisions

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) includes key provisions that allow for the protection of areas of cultural significance to Aboriginal and Torres Strait Islander peoples. Section 10 of the Act is particularly important as it enables the Minister for the Environment and Energy to make a declaration to protect a specified area if it is deemed a significant Aboriginal area and under threat of injury or desecration. The Act defines a 'significant Aboriginal area' as one that holds particular significance to Aboriginal people according to Aboriginal tradition. The term 'injured or desecrated' refers to any act that causes harm or disrespect to the cultural values of the area. Under section 10 of the Act, the Minister is required to consider a report submitted by an appointed individual, which must address several critical matters. These include the particular significance of the area to Aboriginal people, the nature and extent of the threat to the area, the area that should be protected, the prohibitions and restrictions to be imposed, the potential impact on the interests of non-Aboriginal parties, the duration of the declaration, and the adequacy of existing protections under Northern Territory law. The obligations imposed by the Act on the Minister and the appointed individual are substantial. The Minister must make a decision based on the report, which should thoroughly examine the cultural significance of the area, the threat it faces, and the proposed protections. The appointed individual must provide a comprehensive report that covers all the required matters as stipulated in section 10(4) of the Act. This includes considering the broader implications of the proposed declaration, such as its impact on non-Aboriginal interests and existing legal protections. The Act also outlines the potential consequences for non-compliance with its provisions. While specific offences and penalties are not detailed in the notice, the Act generally imposes penalties for breaches, which can include fines and imprisonment. The maximum penalties can vary depending on the nature and severity of the offence, but they are intended to enforce compliance with the Act’s provisions to protect significant Aboriginal areas. Non-compliance can lead to civil or criminal consequences, underscoring the importance of adhering to the Act's 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.