CHANGES TO THE PROTECTION OF CULTURE AND HERITAGE
The NSW Government is proposing to make significant changes to 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 (also known as Aboriginal Heritage Impact Permits, or AHIPs).
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.
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The NSW Government introduced into Parliament the National Parks and Wildlife Amendment Bill 2010 (also known as the Omnibus Bill) on 25 February 2010. Also introduced were the National Parks and Wildlife Regulation and Due Diligence Code 2010. NSWALC is urgently reviewing the 2010 Bill and will provide advice to the network shortly.
Please note that the National Parks and Wildlife Amendment Bill 2010 (the Omnibus Bill 2010) includes a number of significant differences from the 2009 version of the Bill, which was released for consultation by the Department of Environment Climate Change and Water (DECCW) in April 2009.
If passed, the amendments will mean significant changes to the primary law for the protection of Aboriginal culture and heritage in NSW.
An initial review indicates that the Omnibus Bill has not adopted the key recommendations put forward by NSWALC.
Instead, the Omnibus Bill in its current form appears to significantly reduce the existing protections for Aboriginal heritage in NSW, and may lead to an increased destruction of important Aboriginal objects and places.
The Aboriginal community received no notice of these further changes.
The New South Wales Aboriginal Land Council has serious concerns regarding the impact these amendments. In particular, NSWALC is concerned that the Omnibus Bill 2010 will:
- Mean that Aboriginal objects are taken to 'no longer exist' as a result of a permit being issued by the Director-General of DECCW. This is regardless of whether the object was completely destroyed;
- Reduce existing rights for Aboriginal people to be consulted, before a permit authorising damage or destruction to Aboriginal heritage is issued by DECCW;
- Reduce or remove existing avenues of appeal by Aboriginal people against permits issued by DECCW; and
- Effectively allows activities which will harm Aboriginal objects, but previously would have required a permit, due to an extremely broad definition of 'low impact' activities and 'previously disturbed' land in the proposed Regulations.
Background information about the 2009 Bill and NSWALC's detailed submission in response to the 2009 version of the Bill is below.
2009 Consultation Draft Omnibus Bill
In April 2009, the NSW Government released the National Parks and Wildlife Amendment Bill 2009 (also known as the Omnibus Bill) which will amend the National Parks and Wildlife Act and a range of other legislation including the Threatened Species Conservation Act 1995. The Bill is due to be presented to NSW Parliament in September 2009.
Public comments were invited on the Omnibus Bill through the Department of Environment, Climate Change and Water. (DECCW). Comments were also invited on the two policies which are due to adopted into the National Parks and Wildlife Regulations, at the same time as the Omnibus Bill is introduced.
These are:
- Draft Due Diligence Guidelines for the Protection of Aboriginal Objects in NSW (the Due Diligence Guidelines); and
- Community Consultation Requirements for Proponents - Part 6 of the National Parks and Wildlife Act (the Community Consultation Requirements), to replace the existing policy entitled Interim Community Consultation Requirements for Applicants.
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NSWALC has set out its detailed concerns and those of its constituents to the proposed culture and heritage reforms in two submissions. More Than Flora and Fauna and Draft Community Consultation Requirements for Proponents - Part 6 of the National Parks and Wildlife Act 1974. Through a series of media releases and a Network Message, NSWALC publicly released their submissions highlighting their concerns, and those of our constituents, about the content and shortcomings of the proposed legislation. [Click on the booklet to download a PDF version of More Than Flora and Fauna.] |
Click on the below links for a PDF version of the;
- Executive Summary of the Draft Community Consultation Requirements for Proponents - Part 6 of the National Parks and Wildlife Act.
- Full submission: Draft Community Consultation Requirements for Proponents - Part 6 of the National Parks and Wildlife Act.
"We earnestly hope its public release will raise awareness both within and outside the State Parliament about the grave concerns we have to ensure our efforts, and those of our constituents, lead to a fundamental rethink about the need for the establishment of an Aboriginal Cultural Heritage Commission in NSW which was promised back in the 1980's," Ms Manton said.
"New South Wales has arguably the best land rights legislation in the world. We should also have the best Aboriginal Culture and Heritage legislation in the world."
Recommendations included in the submissions are designed to further the recognition of the rights of Aboriginal people to control their culture and heritage and to increase protection of Aboriginal culture heritage for future generations.
In July 2009, NSWALC produced six Culture and Heritage Fact Sheets (below) for LALCs which outline the current law and explain the proposed changes.
Extra copies can be obtained by contacting the NSWALC Resource Centre on Tel: (02) 9689-4444.
FACT SHEETS