Indigenous Heritage at Risk

In 1998 the Federal Government produced draft legislation to amend the existing Commonwealth Indigenous heritage protection legislation, the Aboriginal and Torres Strait Islander Heritage Protection Act 1984. The 1984 Act, originally only intended as an interim measure, was seldom successfully used despite inconsistent and largely inadequate heritage protection regimes of the states and territories.

Drafting of the new bill followed a comprehensive and widely-acclaimed review of Indigenous heritage protection needs at both Federal and State levels by Justice Elizabeth Evatt. However, the Government failed to incorporate key recommendations of Justice Evatt's report in the bill. In particular, the bill:

• Failed to provide a last resort appeal mechanism at the Commonwealth level in all cases;
• Failed to ensure adequate minimum standards of protection at the state and territory levels;
• Failed to provide for Indigenous involvement in decision-making at all levels;
• Failed to provide for an independent Indigenous-controlled heritage body at the Commonwealth level.

The bill was strongly opposed by Indigenous representatives, by ATSIC and by the Federal opposition parties. Labor and the Democrats consulted with Indigenous groups in drafting comprehensive amendments to the Government bill, which were passed by the Federal Senate in December 1999. However, the Government used its majority in the House of Representative to reject the amended bill, effectively creating a stand-off.

Since then negotiations have been underway between the Government, Indigenous representatives and the Opposition parties to see if a mutually acceptable outcome can be achieved.

In the meantime, Indigenous heritage remains at serious risk from Australia's current inadequate Indigenous heritage protection legislation at both the national and state levels. The risk of damage to Indigenous heritage has been increased by recent amendments to native title laws at both the Commonwealth and state levels which have reduced the rights of native title holders to negotiate or be consulted with regard to land use activities. This could potentially result in damage to Indigenous heritage sites.

Further information

Issues: Heritage - ATSIC website
Review of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984, Hon Elizabeth Evatt, AC