Terms of Reference

The Government wishes to investigate arrangements for the protection of Aboriginal heritage in the State leading to the development of new Tasmanian Aboriginal heritage legislation. The purpose of the new legislation will be to provide effective recognition, assessment, protection and management of Aboriginal heritage, and the empowerment of the Tasmanian Aboriginal community in relation to that heritage.

There is widespread agreement that new Tasmanian Aboriginal heritage legislation is vital to both the protection of Aboriginal heritage and the delivery of sustainable development in the State.

General terms

The terms of reference for the project are:

to develop and implement new Tasmanian Aboriginal heritage legislation;
to provide targeted community consultation, education and information programs;
to take into account Australian Government and interstate heritage legislation developments;
to provide advice to the State Government on relevant issues; and
to champion the project to State and Local Government, the Aboriginal community, and the broader Tasmanian community.

Focus issues

a better understanding within all spheres of Government and the Tasmanian community of the dimensions of, and procedures for, dealing with Aboriginal heritage on both public and private land;
an improved protection and management of Aboriginal heritage and increased involvement and empowerment of the Tasmanian Aboriginal community in processes for the protection and management of Aboriginal heritage in Tasmania;
a greater certainty within land use management and development processes for all affected parties: State Government, Local Government, landowners, developers, the Tasmanian Aboriginal community and other stakeholders; and
the establishment of processes for improved communication and flow of advice among all spheres of government, the private sector and Aboriginal heritage managers.

Administrative arrangements and Conduct of Initiative

Two main entities have been formed to progress the project:

an Aboriginal heritage legislation steering committee (the Steering Committee), comprising the Secretary, Department of Tourism, Arts and the Environment (DTAE), the Secretary, Department of Premier and Cabinet (DPAC), the Secretary, Department of Primary Industries and Water (DPIW), the Secretary, Department of Infrastructure, Energy and Resources (DIER), the Manager, Office of Aboriginal Affairs (OAA) DPAC, and the Deputy Director, Policy Division, DPAC; and
an Aboriginal heritage legislation working group (the Working Group), comprising the Manager, Office of Aboriginal Affairs (OAA) DPAC, the Manager, Aboriginal Heritage (OS) DTAE, the Manager, Cultural Heritage (OS) DTAE, the Policy and Administrative Officer (OAA) DPAC, the Forest Policy Advisor (DIER), and the Acting Manager, Strategic Issues (DPIW).

The Steering Committee will implement, review and advise Government on the development of new Tasmanian Aboriginal heritage legislation. In particular, the Steering Committee will ensure the community and specific target groups are adequately consulted through the Working Group and other means as necessary. The role of the Working Group is to develop and implement the community consultation, education and information programs and to inform the Steering Committee on issues raised by the community.