 |
 |
 |
A Certain Future - Ending Decades of Confusion
Aboriginal heritage in Tasmania
The most recent review of the Aboriginal Relics Act 1975 was conducted in 1998. That review didn't result in new legislation, but it did help to clarify the concerns of stakeholders. This experience, together with the current project, will guide us in developing new legislation that is based on an extensive process of consultation.
Limitations of Current Legislation
The Aboriginal Relics Act 1975 provides blanket protection for Aboriginal objects and sites created prior to 1876, but there is no recognition of recent and continuing Aboriginal heritage and little uniformity in how the legislation is enforced. Other major areas of concern include:
- No links to Local Government planning through the Land Use Planning and Approvals Act 1993;
- Inconsistent assessment of development applications and land management actions by Government and private sector;
- Language that is old-fashioned and academic;
- Inappropriate penalties and fines for breaches of the Act;
- Inadequate protection of Aboriginal heritage values and sites;
- Inappropriate processes to involve the Aboriginal community in the management of its heritage; and
- Aboriginal heritage protection is not applied uniformly across the State.
The result is an approach to Aboriginal heritage management in Tasmania that doesn't serve the interests of Aboriginal people or meet the requirements of sustainable economic development.
