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Why was this project launched?
Conserving Tasmania's Aboriginal heritage is one of the State's most important cultural issues. For some time, there has been a growing realisation that the major piece of legislation dealing with Tasmanian Aboriginal heritage, the Aboriginal Relics Act 1975, has failed to stem the destruction and vandalism of priceless Aboriginal heritage.
New legislation will provide more effective protection of Aboriginal heritage and broaden the involvement of the Tasmanian Aboriginal community in decision-making. It will link the protection of Aboriginal heritage directly with planning and land development processes, providing certainty for those who own, manage and use land in Tasmania.
Who will be affected by this project?
The creation of new Tasmanian Aboriginal heritage legislation will affect many people throughout the Tasmanian community. For the Aboriginal community, this is an opportunity for their unique culture to be recognised and protected by contemporary legislation. For those who own, manage or use the land, it is an opportunity to ensure certainty of long-term plans for private, commercial or recreational land use.
Why should I participate in the project?
By participating in the project, Tasmanians can be involved in developing legislation that leads to:
- an inclusive Tasmania which respects and recognises the rights of the Tasmanian Aboriginal people and the general community
- increased certainty and long-term planning for industries such as farming and mining, as well as all those who own, manage or use land in Tasmania
- more efficient and effective mechanisms for those making decisions about land use and management
- alignment with current assessment and planning systems
- appropriate regulatory and planning tools which take account of Aboriginal heritage
- a system that is transparent, consultative and informed by specialist advice and community values.
Why is new legislation necessary?
It is important for Tasmania's future that we understand and respect the heritage of the Tasmanian Aboriginal people, a history that stretches back thousands of years and one that continues today.
Under new legislation, Tasmanian Aboriginal people will be able to take responsibility for the management and protection of their heritage, and there will be a fairer and more effective regulatory system for those who work the land, explore opportunities for development or enjoy recreational activities.
The Tasmanian Government, in consultation with the Aboriginal community and interested parties, is seeking to create a legislative framework to last long into the future, securing much-needed reform and replacing outdated legislation that is confusing and frustrating.
Why change?
Aboriginal heritage in Tasmania is currently protected under the Aboriginal Relics Act 1975. It is widely agreed that this legislation is out of date and doesn't meet community standards. There is a lack of clarity about rights, responsibilities, infringements and penalties.
The aim of the new Aboriginal heritage legislation is to provide an environment of certainty and mutual respect, so that the Aboriginal community, the general public, land owners, users and managers and developers are able to cooperate more effectively without the need for legal action to resolve misunderstandings.
Many issues have emerged during consultation, both in recent times and throughout the many years of public debate about the future of Tasmanian Aboriginal heritage legislation, including:
- the lack of recognition of recent and continuing Aboriginal heritage
- the lack of links to Local Government planning through the Land Use Planning and Approvals Act 1993
- the need for consistent assessment of development applications and land management actions by government and the private sector
- avoiding old-fashioned and academic language
- raising penalties and fines for damage to Aboriginal heritage
- developing processes to involve the Aboriginal community in decision-making
- applying uniform provisions for protection of Aboriginal heritage across the State.
The current legislation does not recognise recent and continuing Aboriginal heritage, there are no links to local government planning through the Land Use Planning and Approvals Act 1993, and penalties and fines are inadequate.
Because of its failings, assessment of development applications and land management actions by government and the private sector is inconsistent, there are inappropriate processes to involve the Aboriginal community in the management of their own heritage, and Aboriginal heritage protection provisions are not applied uniformly across the State.
The result is inadequate protection of Aboriginal heritage across the State - a situation that fails to serve the interests of Aboriginal people or meet the requirements of sustainable economic development for those who own, manage or use the land.
What will be the main provisions of proposed new legislation?
The model and instruments being proposed for adoption in new legislation are dealt with separately in the Information Sheets that make up this consultation package. The package introduces proposals on issues such as a duty of care, guidelines, a definition of Aboriginal heritage, an Aboriginal Representative Body, ownership of heritage, managing information, integrating with the planning systems operating in Tasmania, surveys and management plans, dispute resolution, and penalties.
What has been achieved so far?
Since community and stakeholder consultation began in July 2005, there have been:
- meetings with numerous individuals, representatives of community and business organisations
- two series of introductory meetings with key industry and peak body organisations
- two series of regional forums in Hobart, Launceston and Burnie to introduce the project to interested members of the community
- two publications produced; Worth Protecting - New Tasmanian Aboriginal Heritage Legislation and New Tasmanian Aboriginal Heritage Legislation Consultation Package November 2006
- three newsletters published informing readers of progress.
Consultation has focussed on what people want in new legislation.
What is the proposed timeframe for the project?
Development of new Tasmanian Aboriginal heritage legislation relies heavily on input from many Tasmanians, including the Aboriginal community, political and business leaders, and those who own, manage or use land in Tasmania. It is important to help people with an interest in this issue to have their say.
Consultation began in July 2005 with preliminary discussions with key individuals and groups. The opinions of a broader range of individuals and interest groups were sought through regional public consultations and briefings. A consultation package was developed using information and ideas gathered through these discussions. Discussions took place in November and December 2006 on the proposals in this package. In late 2007 to early 2008 there will be a further opportunity to discuss the proposed details of new legislation.
Where are the answers to questions raised at meetings and public forums in November and December 2006?
They have been placed in a separate document that can be found here [PDF 675KB].
How can I find out more?
register your interest at www.tahl.tas.gov.au/register.php
send an email to info@tahl.gov.au
write to us
attend the next round of public forums.
