The NSW Aboriginal Land Council is the peak representative body for Aboriginal people in NSW. The responsibilities of NSWALC and Local Aboriginal Land Councils (LALCs) under the Aboriginal Land Rights Act 1983 (ALRA) include the protection and promotion of Aboriginal culture and heritage.

CHANGES TO THE PROTECTION OF CULTURE AND HERITAGE

 

 

LATEST NEWS June 2010 - Omnibus Bill Passes!

 

The NSW Government  has recently passed a number of changes to the main Aboriginal heritage law in NSW - the National Parks and Wildlife Act 1974. Part 6 of the National Parks and Wildlife Act provides for the issuing of permits authorising damage or destruction to Aboriginal cultural heritage objects and places.

Before the National Parks and Wildlife Amendment Bill 2010 (also known as the Omnibus Bill) was passed, NSWALC won a number of significant amendments which will increase the level of protection available to Aboriginal sites. These amendments were jointly negotiated with the native title representative body NTSCORP. Thank you to everyone who supported these important negotiations.

Click here for a Network Message from the NSWALC Chair about the changes.

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What will the changes mean?

 

NSWALC has produced a Fact Sheet which outlines the main changes which the Omnibus Bill made to the current law (as of 6 July 2010).

More background information about how Aboriginal culture and heritage is managed in NSW, including how many permits are issued authorising damage and destruction to Aboriginal heritage, see the NSWALC More than Flora and Fauna submission.

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Draft Regulations - have your say

 

In February 2010, the Minister for the Environment, the Hon Frank Sartor MP, has released draft new National Parks and Wildlife Regulations and a Consultation Draft of a Due Diligence Code of Practice.

The Department of Environment, Climate Change and Water (DECCW) is holding 'targeted consultations' on these documents, and the Minister has committed to work with Aboriginal groups including NSWALC and NTSCORP on amendments.

Comments are also invited on the Draft Code of Practice for Archaeological Investigation in NSW until 28 July 2010 - visit the DECCW website for details.

For more information click here for a Network Message about the Draft Regulations.

Earlier comments made by NSWALC on the 2009 draft of the Code are included in NSWALC's More than Flora and Fauna submission (below).

LALCs are encouraged to review the draft Regulations and Code and contact NSWALC with any feedback. Inquiries should be directed to the NSWALC Policy and Research Unit on 02 9689 4444 or to policy@alc.org.au.

LALCs may also wish to contact the Minister directly:

The Hon Frank Sartor MP
Minister for the Environment
NSW Parliament House, Macquarie Street
Sydney NSW 2000
Phone (02) 9228 5811
Fax (02) 9228 5499
Email office@sartor.minister.nsw.gov.au

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Announcement of new Community Consultation Requirements:

 

The Department of Environment, Climate Change and Water (DECCW) has recently announced a new policy outlining how consultation with the Aboriginal community must be undertaken, before a permit authorising damage or disturbance to an Aboriginal object or place is issued. See the new NSWALC Consultation webpage for more information.

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Independent Aboriginal heritage law for NSW?

 

NSWALC, along with other Aboriginal organisations, have called for the establishment of independent Aboriginal heritage legislation which would recognise Aboriginal control and ownership of Aboriginal heritage.

In February 2010, the Minister for the Environment, Frank Sartor, announced the establishment of a Working Group to consider independent Aboriginal heritage legislation for NSW. The proposed Working Group is to report in 2 years. The Terms of Reference and members of the Working Group have not yet been announced.

Further information about the proposed Working Group, and NSWALC's broader campaign for the development of separate culture and heritage legislation for NSW, will be provided shortly.

 
 If you have any questions or wish to raise any concerns regarding the proposed reforms, please contact the Policy and Research Unit of NSWALC on 02 9689 4444, or email policy@alc.org.au.

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NSWALC's More than Flora and Fauna Submission (2009)

 

In April 2009, the NSW Government released a Consultation Draft of the National Parks and Wildlife Amendment Bill 2009 (also known as the Omnibus Bill 2009)

Public comments were invited on the 2009 Draft Omnibus Bill through the DECCW.

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NSWALC has set out its detailed concerns and those of its constituents to the proposed culture and heritage reforms in it's submission. More Than Flora and Fauna  : Response to the National Parks and Wildlife Amendment Bill 2009




[Click on the booklet to download a PDF version of More Than Flora and Fauna.]

More than Flora and Fauna provides a comprehensive background to the management of Aboriginal heritage in NSW - and what needs to be changed to ensure that important Aboriginal heritage does not continue to be lost through inappropriate development and government approvals.

Local Aboriginal Land Councils and other community organisations are encouraged to use the information and research summarised in the More than Flora and Fauna submission in their local areas to highlight the urgent need for law reform in NSW.

For more information about the More than Flora and Fauna submission please contact the Policy and Research Unit of NSWALC on 02 9689 4444, or email policy@alc.org.au.

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2009 CULTURE AND HERITAGE FACT SHEETS

In July 2009, NSWALC produced six Culture and Heritage Fact Sheets (below) for LALCs which outline the current law and explain the proposed changes.

The following Fact Sheets were developed by NSWALC in May 2009 based on the 2009 version of the Omnibus Bill. They include useful summary information about how Aboriginal heritage is currently managed in NSW. These Fact Sheets are shortly due to be updated: