To be culturally competent, we must acknowledge and tell the truth about australian history and its ongoing impact for aboriginal people, and we should understand how the past continues to shape lives today. About indigenous heritage aboriginal and torres strait islander heritage is an important part of australian heritage. By definition, heritage only exists and is perpetuated by virtue of the meanings people assign to it. New aboriginal cultural heritage consultation requirements.
Goulburnmurray water has an obligation to ensure that private works licence applicants are made aware of their obligations under this legislation. These are separate groups, with each having unique and diverse heritage, language, cultural practices. Cultural heritage is the legacy of physical artifacts and intangible attributes of a group or society that is inherited from past generations. The catchment is also comprised of local aboriginal land councils. Aboriginal cultural heritage act 2003 part 1 preliminary current as at 9 november 2018 page 9 authorised by the parliamentary counsel aboriginal cultural heritage act 2003 an act to make provision for aboriginal cultural heritage, and for other purposes. Culture is one of the six mandated areas of the permanent forum and is inextricably linked to indigenous peoples identity, their traditional knowledge, their experiences with the natural. They have developed a rich cultural heritage which continues to have great importance to them and to the nation as a whole.
Recognizing and including indigenous cultural heritage in b. Submission on the draft aboriginal cultural heritage bill. Its overbroad deployment risks diffusing its meaning. An under standing of the intangible cultural heritage of different communities helps with intercultural dialogue, and encourages mutual respect for other ways of life. A key feature of the act is its creation of a new legal responsibility or statutory duty of care requiring all people across the state to respect, value and protect the states aboriginal. Heritage is our inheritance of land, language, ecosystems, knowledge, and culture. Tahmoor is located in the macarthur region of nsw and falls within the wollondilly shire local government area lga. The previous working party established under the previous. An act to provide for the protection and preservation of the aboriginal heritage. Intangible cultural heritage while fragile, intangible cultural heritage is an important factor in maintaining cultural diversity in the face of growing globalization. The aboriginal heritage act 2006includes substantial penalties to provide an effective deterrent against harming aboriginal cultural heritage.
Aboriginal consultants aboriginal persons who attend a heritage survey or other cultural heritage related consultancy service, who provide advice and information to the consultant. Aboriginal and torres strait islander cultural heritage. However, domestic overnight cultural and heritage visitors recorded higher spend per night than. The department of aboriginal and torres strait islander partnerships datsip is responsible for administering the aboriginal cultural heritage act 2003 pdf and the torres strait islander cultural heritage act 2003 pdf the acts the main purpose of the acts is to provide effective recognition, protection and conservation of aboriginal and torres strait islander cultural heritage. Aboriginal culture and heritage involves conserving country with and by aboriginal people and communities, and ensuring that. The royal commission on aboriginal peoples established a research project on aboriginal cultural identity, and commissioned reports on the subject. Native title act 1993 the native title future acts regime provides the mechanism for the negotiation of the protection of aboriginal cultural heritage, rather than the aha, through agreement making including processes for managing cultural heritage issues. Aboriginal people have a shared history of colonisation and forced removal of their children. Ian lilley is a professor in the aboriginal and torres strait. In these circumstances, planning permits, licences and work authorities cant be issued unless a chmp has been approved for the activity. These are places of statelevel cultural heritage significance.
The sole function of a cultural heritage body is to identify the aboriginal or torres strait islander parties for an area and serves as the first point of contact for cultural heritage matters. Pdf the aboriginal cultural heritage act 2003 challenged the hegemony. Aboriginal sites are of immense cultural, scientific, educational and historic interest and provide aboriginal people with an important link to their present and past culture. Heritage is what we have accepted as gifts from those who came before us. The aborigines who continue to live in rural areas of australia the outback keep their language, knowledge, arts and rituals. For further information about cultural knowledge and these relations, refer to fact sheet 2. Duffys forest an informative website showcasing the endangered duffys forest ecosystem in warringah and ways people can help to protect it. However, other jurisdictions that look to the queensland example as part of policy. Under the national parks and wildlife act all aboriginal objects, whether on public or private land, are the property of the crown with some exceptions. This is the aboriginal cultural heritage bill 2003 as introduced into parliament. Aboriginal necklaces necklaces of kangaroo sinew, grass. Examples of cultural resource use activities include. The maximum penalty is 1800 penalty units for an individual and 10,000 penalty units for a body corporate. Knowing anothers cultural identity does, however, help you understand the opportunities and challenges that each individual in that culture had to deal with.
Aboriginal site land or waters which are of cultural, social, or spiritual significance to aboriginal. On 16 april 2003, the queensland aboriginal cultural heritage act 2003 was passed by parliament to provide statutory protection to all aboriginal heritage across the state, irrespective of whether the heritage was previously identified by the states cultural heritage coordination unit, of the department of natural resources and water. Our submission on the draft aboriginal cultural heritage bill 2018 draft bill draws on three decades of legal expertise and assistance to aboriginal people and communities in heritage. Aboriginal heritage surveys are conducted in order to identify places in the landscape which contain or embody aboriginal heritage values, not just sites. The aboriginal cultural heritage act 2003 is legislation passed by queensland parliament, commencing in april 2004 to recognise, protect and conserve aboriginal cultural heritage in the state of queensland. Definition of the cultural heritage united nations.
Generally there are separate laws governing aboriginal cultural heritage and historical sometimes referred to as postcontact or nonaboriginal. Aboriginal culture is the oldest surviving culture in the world, dating back about 600 years. Making aboriginal cultural heritage visible the border riversgwydir cma is continuously engaging in projects to raise cultural awareness within catchment communities. Cultural heritage legislation aboriginal and nonaboriginal guidelines 2 purpose this guide supports the land access and cultural heritage policy 1 and procedures 2 by providing an overview of australias federal, state and territory cultural heritage legislation as it relates to geoscience australias fieldwork activities. Fines for damaging aboriginal objects and places go into the national parks fund, which is managed by oeh. Aboriginal cultural heritage november 2015 protection. Introduction aboriginal people have lived in australia for over 40,000 years. Aboriginal cultural heritage act 2003 queensland legislation.
Cultural genocide and the protection of cultural heritage. International visitors stayed longer than domestic overnight visitors in terms of median length of stay which resulted in higher average spend per visitor. The department of aboriginal and torres strait islander partnerships datsip is responsible for administering the aboriginal cultural heritage act 2003 pdf and the torres strait islander cultural heritage act 2003 pdf the acts. Pdf a completely new approach to indigenous cultural. Cultural heritage legislation indigenous and non indigenous. Heritage is anything valued by people today that was also valued by previous generations.
While each state had a wide definition of aboriginal cultural heritage. A chmp is required when a high impact activity is planned in an area of cultural heritage sensitivity. Aboriginal heritage department of planning, lands and. Of those that specifically commented on the definition of aboriginal cultural heritage, there was four times more positive support than negative 40% compared to 10%. The main purpose of the acts is to provide effective recognition, protection and conservation of aboriginal and.
Canadian heritage property law and practice seeks to balance constitutional obligations to aboriginal peoples and various dimensions of heritage value with benefits derived from land and resource development. Cultural heritage is often expressed as either intangible or tangible cultural heritage icomos, 2002. Aboriginal cultural heritage, including the physical, the intangible and the associated stories and mythologies belong to the aboriginal community. The department is responsible for protecting aboriginal heritage, assisting with compliance with the act and providing access to heritage information. Aboriginal cultural heritage sites and places of significance to aboriginal people. Examples of cultural heritage include but are not limited to. Information and translations of cultural heritage in the most comprehensive dictionary definitions resource on the web. Definition of cultural heritage cif icomos home page.
For an analysis of the definition of cultural heritage. A cultural heritage management plan is an agreement between a land user sponsor and. This notion represents a shiftin conventional cultural heritage management,and acknowledges thatculture belongs as much in the presentas itdoes in the pastand thatit evolves and changes along with society. Reform of aboriginal culture and heritage laws in nsw. Interpretation of aboriginal heritage adds to these definitions by describing the layer of spiritual interconnectedness to the landscape. It also looks at the interconnectedness of aboriginal people with. For deacon, dondolo, mrubata and prosalendis 2004, 1 ik can be divided into tangible and intangible and ndlovu 2015 asserts that intangible domains are also known as living heritage or living culture. Aboriginal heritage tasmania department of primary industries, parks, water and environment tasmanian aboriginal people have maintained a vibrant, unique and dynamic cultural life through the continuation of cultural practices that extend back far beyond living memory. The aboriginal cultural heritage act 2003 qld ach act provides a system to. Division 4cultural heritage permits 44 35a definition 44 36 application for cultural heritage permit 44 37 restrictions on grant of permit 45.
Aboriginal identity the legal dimension chief justice robert french ac the term identity is used in a variety of discourses about aboriginal people, their selfperceptions, their cultures, their lands, and their relationships with each other and with nonindigenous society. Aboriginal cultural heritage 159 standards, such that the federal government would no longer be able to override an accredited state or territory heritage decision. These terms are defined in the aboriginal heritage regulations 2018. Charter establishes the definition of cultural significance as aesthetic, historic. The situation of the cultural heritage has deteriorated during recent years as a result. Aboriginal cultural heritage act 2003 an act to make provision for aboriginal cultural heritage, and for other purposes part 1 preliminary division 1 introduction 1 short title this act may be cited as the aboriginal cultural heritage act 2003. For quick reference figure 1 on page 9 presents in diagrammatic form a recommended method for to determine statelevel cultural heritage pages 1011 provides a summary of these indicators. Cultural heritage is the indicators of the ways of living that a community developed, which are inherited from previous generations. The aboriginal people of australia are part of the oldest continuous living culture in human history. Intangible cultural heritage ich is defined by unesco in the convention for the safeguarding of the intangible cultural heritage 2003 as the practices, representations, expressions, knowledge, skills that communities, groups and, in some cases, individuals recognize as part of their cultural heritage.
Pdf the aboriginal cultural heritage act 2003 challenged the hegemony that. The minister for heritage decides what gets listed, but the heritage council can recommend listings. This cultural heritage report will be done in accordance within the national parks and wildlife service standards for aboriginal consultants and will meet all the requirements under this state heritage legislation act. Disturbance of sites, without ministerial consent, is prohibited. A chmp is required for this project because it is a considered a high impact activity within the aboriginal heritage. Different people find and apply different values cultural, spiritual, aesthetic, scientific, economic to otherwise identical objects and places. Values are the feelings not open for discussion within a culture about what is good or bad, beautiful or ugly, normal or abnormal, which are. Third reading of the aboriginal cultural heritage bill 2003. Protection of indigenous heritage in selected jurisdictions.
In this act, aboriginal peoples of canada includes the indian, inuit and metis peoples of canada. The assessment was prepared with reference to the aboriginal cultural heritage assessment acha of the ggp prepared by aecom 2009b. Aborigines today represent about two percent of the australian population. Protecting heritage and enforcing the act aboriginal victoria. Aboriginal cultural practices aboriginal heritage tasmania. Aos and ahos are appointed by the minister for aboriginal affairs to investigate and monitor compliance with the aboriginal heritage act 2006 and to enforce protection measures when necessary. Perspectives on the effectiveness of aboriginal cultural heritage. Aboriginal and historic relics preservation act 1965. Reform process to date in late october 2011 the nsw government announced a revised process for the reform of aboriginal culture and heritage laws. The acts define aboriginal or torres strait islander cultural heritage as anything that is. Nov 19, 2015 the intellectual property issues in cultural heritage ipinch research project is an international collaboration of over 50 archaeologists, lawyers, anthropologists, museum specialists, ethicists and other specialists, and 25 partnering organizations including, among others, parks canada, the world intellectual property organization, the champagne and aishihik first nation, and the barunga. Cultural heritage is an expression of the ways of living developed by a community and passed on from generation to generation, including customs, practices, places, objects, artistic expressions and values. Coombe and others published indigenous cultural heritage in.
They also investigate reports of harm to aboriginal cultural heritage, and help government and land users to avoid impacts to aboriginal places and objects. For example, a 2014 aboriginal cultural heritage assessment produced with respect to. If there are aboriginal places or items of cultural heritage that. This cultural heritage report will be done in accordance within the national parks and wildlife service standards for aboriginal consultants and will meet all the. Aboriginal culture and history aboriginal cultural. So just knowing one persons cultural identity doesnt provide complete or reliable information about that person. These are separate groups, with each having unique and diverse heritage, language, cultural practices and spiritual beliefs. Broader recognition of aboriginal cultural heritage values. These stories have been shared in the hope that the broader community gains a greater respect for places of. It draws on available information arising from past studies in the area, limited archival research and field. What is cultural heritage department of aboriginal and. This aboriginal cultural heritage management plan was commissioned by the nambucca shire council. Nsw laws to protect aboriginal cultural heritage were first. Oct 28, 2016 managing aboriginal cultural heritage.
Australian heritage laws exist at the national commonwealth level, and at each of australian capital territory, new south wales, northern territory, queensland, south australia, tasmania, victoria, western australia state and territory levels. There was general support for the more contemporary reflection of aboriginal cultural heritage in legislation. State of indigenous cultural heritage 2011 citeseerx. This paper is based on one of those reports, and draws upon concepts, data and analyses that were carried out as a consultant to that. The dictionary in schedule 2 defines particular words used in this act. Redefining indigenous intangible cultural heritage 4 executive summary as a nationalinstitute, aiatsis works at the intersectionof indigenous and nonindigenous knowledges, playing an important role in the mediationof those knowledges and supportingtheir expression and protection via our research and collections work. A definition of cultural knowledge is included in section 3. New fines and offences for the destruction of aboriginal. Working to protect aboriginal cultural heritage nsw environment. It is about listening and responding to the individual which requires sustained communication, trust and respect for cultural values.
Many values may be, but are not always contained within sites, which are protected by the aboriginal heritage act 1972. Aboriginal heritage is protected in victoria under the aboriginal heritage act 2006 and the aboriginal heritage regulations 2007. Aboriginal people have a rich culture involving a custom, lore and value system based on the sustainability of their spiritual connection, belonging, obligation and responsibility to care for their land. However, most of the feedback suggested improving the definition by. As well as historically important, indigenous heritage is of continuing significance, creating and maintaining continuous links with the. Cultural heritage management plans aboriginal victoria. Rituals are the socially essential collective activities within a culture. Aboriginal cultural heritage welcome to wiradjuri country the lachlan catchment falls predominately in wiradjuri country but shares its land with eight other aboriginal nations including dharug, ngunawal, gundungurra, wongaibon, barindji, yitha yitha, madi madi and nari nari.
What is cultural heritage department of aboriginal and torres strait. For a while now i have been researching and writing about australian indigenous education issues. Queensland aboriginal cultural heritage act 2003 and torres strait islander cultural. A cultural knowledge holder may hold that knowledge as a result or their traditional or historical connection with the land. The intellectual property issues in cultural heritage ipinch research project is an international collaboration of over 50 archaeologists, lawyers, anthropologists, museum specialists, ethicists and other specialists, and 25 partnering organizations including, among others, parks canada, the world intellectual property organization, the champagne and aishihik first nation, and the. Aboriginal heritage assessment of heritage significance public warning. These cultural heritage landscapes, or cultural landscapes, have been used as a term for several decades. Not all legacies of past generations are heritage, rather heritage is a product of selection by society. Pdf indigenous cultural heritage in development and trade. Heritage may be cherished and protected at all costs by one group. As part of its ongoing commitment to indigenous cultural heritage, the border riversgwydir cma has undertaken more than 50 projects in this area. Page 2 level of significance state local lep definition if to be listed in the lep aboriginal heritage conservation area lep listing public or nonpublic schedule 5 public inventory schedule 5 confidential inventory. Definition of a cultural heritage landscape a cultural heritage landscape is a property or defined geographical area of cultural heritage significance that has been modified by human activities and is valued by a community.
1542 535 1506 379 322 1604 1263 1477 1598 95 1085 877 1001 61 1255 772 1480 973 760 1214 882 492 141 1616 77 34 1344 1370 264 1090 1254 334