December 1999 David Rhodes, Taryn Debney and Mark Grist
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- 9.2.2Commonwealth Aboriginal Cultural Heritage Legislation
- 9.2.3New Regional Cultural Heritage Bodies
9.2Statutory Requirements9.2.1Victorian Aboriginal Cultural Heritage LegislationWith the exception of human remains interred after the year 1834, the State Archaeological and Aboriginal Relics Preservation Act 1972 provides blanket protection for all material relating to the past Aboriginal occupation of Australia, both before and after European occupation. This includes individual artefacts, scatters of stone artefacts, rock art sites, ancient camp sites, human burials, scarred trees and ruins and archaeological deposits associated with Aboriginal missions or reserves. The Act also establishes administrative procedures for archaeological investigations and the mandatory reporting of the discovery of Aboriginal sites. Aboriginal Affairs Victoria (AAV) administers the Archaeological and Aboriginal Relics Preservation Act 1972. The Archaeological and Aboriginal Relics Preservation Act 1972 requires that: (i) Notification of an intent to conduct an archaeological survey (Form D) be lodged with the Heritage Services Branch of Aboriginal Affairs Victoria prior to conducting an archaeological survey which does not involve disturbance to Aboriginal archaeological sites. (ii) Consent from the Heritage Services Branch of Aboriginal Affairs Victoria be obtained before archaeological fieldwork involving disturbance to an Aboriginal site is carried out. Aboriginal Affairs Victoria will not usually issue consents for archaeological fieldwork involving disturbance to an Aboriginal site without prior permission from the relevant Aboriginal community. 9.2.2Commonwealth Aboriginal Cultural Heritage LegislationIn 1987, Part IIA of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 was introduced by the Commonwealth Government to provide protection for Aboriginal cultural property in Victoria. Immediately after enactment, the Commonwealth delegated the powers and responsibilities set out in Part IIA to the Victorian Minister Responsible for Aboriginal Affairs. Currently, this delegation is held by the Hon. Ann Henderson MP, and the legislation is administered on a day to day basis by Aboriginal Affairs Victoria. Whereas the State Act provides legal protection for all the physical evidence of past Aboriginal occupation, the Commonwealth Act deals with Aboriginal cultural property in a wider sense. Such cultural property includes any places, objects and folklore that "are of particular significance to Aboriginals in accordance with Aboriginal tradition". Again, there is no cut-off date and the Act may apply to contemporary Aboriginal cultural property as well as ancient sites. The Commonwealth Act takes precedence over State cultural heritage legislation where there is conflict. In most cases, Aboriginal archaeological sites registered under the State Act will also be Aboriginal places subject to the provisions of the Commonwealth Act. Section 21U(3-4) of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984, requires written consent from the relevant Victorian Aboriginal community to disturb, destroy, interfere with or endanger an Aboriginal place, object or archaeological site. If no reply from an Aboriginal community is received to any such permit application within 30 days, then an application for such a permit may be made to the State Minister Responsible for Aboriginal Affairs. This is provided for under Section 21U(5-6) of the 1987 Act. The schedule to the Commonwealth Act lists local Victorian Aboriginal communities and each community's area is defined in the Regulations. The relevant Aboriginal community for the City of Maribyrnong is the Wurundjeri Tribe Land Compensation and Cultural Heritage Council Inc. An application must be made to the Wurundjeri for permission to disturb or destroy an Aboriginal site. Any such applications should be made in writing to: Mr James Wandin Chairperson Wurundjeri Tribe Land Compensation and Cultural Heritage Council P.O. Box 1438 Moorabbin Vic. 3189. Applications to excavate or disturb an Aboriginal archaeological site for purposes of archaeological fieldwork, should be addressed in writing to: The Director Aboriginal Affairs Victoria 7th Floor 589 Collins Street MELBOURNE 3000 General enquiries relating to Aboriginal archaeological sites should be forwarded to: The Site Registrar Heritage Services Branch Aboriginal Affairs Victoria 7/589 Collins Street Melbourne. 3000. Ph. 9616 2923. 9.2.3New Regional Cultural Heritage BodiesAboriginal Affairs Victoria has recently funded new regional cultural heritage management bodies. These are staffed by an Aboriginal regional co-ordinator and site officers, who are governed by a Board made up of representatives from the different community groups in the region. At present an Act to amend the existing Aboriginal and Torres Strait Islander Heritage Protection Act (1984) is before the Senate. This Act, if passed by the Senate, will essentially delegate the powers under the Commonwealth Act to the States, apart from Aboriginal sites/places deemed to be of National Significance. The Government of Victoria intends to enact new State Legislation when or if the Commonwealth Legislation passes the Senate. The new State Legislation will vest Statutory responsibility for site management in the regional cultural heritage bodies, with the Regional Co-ordinator being given the authority to issue consents in relation to Aboriginal sites after appropriate consultation with and approval from the Aboriginal communities. The Melbourne area is included in AAV’s Metropolitan Region and the regional body is named the Kulin Nation Cultural Heritage Organisation. Because the new regional bodies will play an increasingly greater role in heritage management, it is important that the Kulin Nation Cultural Heritage Organisation be included in any Aboriginal heritage consultation as well as representatives of the Wurundjeri Tribe Land Compensation and Cultural Heritage Council Inc. At this stage, only the Chairperson of the Wurundjeri has the authority to issue statutory permits relating to Aboriginal archaeological sites and places. The Kulin Nation Cultural Heritage Organisation may be contacted at: Suite 1/241 Thomas Street Dandenong. Vic. 3175. Phone: 9793 5922 Fax: 9793 2800 Contacts: Annette Xiberras Regional Manager Bryon Powell Cultural Heritage Site Protection Officer. 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