Aboriginal Affairs and Reconciliation Minister Jay Weatherill has announced a review of the Aboriginal Heritage Act to better protect Aboriginal culture and heritage.
The review will involve comprehensive consultations with the Aboriginal community and other industry and community groups across South Australia.
“We need to create stronger recognition of Aboriginal ownership or custody of their heritage, greater certainty and timeliness for parties involved in heritage issues and a framework for promoting agreement-making,” Mr Weatherill said.
The review is the third significant initiative to reform Aboriginal Affairs policy in as many months.
Mr Weatherill announced reviews of service delivery and governance on the APY Lands and the Aboriginal Lands Trust Act in October and November respectively.
“Aboriginal heritage is a unique part of South Australia’s history, and all South Australians have a stake in how that heritage can be protected into the future,” Mr Weatherill said.
A need for reform has been expressed by Aboriginal people and industry groups.
“Aboriginal people have long advocated for greater participation in decision-making about heritage – and industry groups are increasingly recognising the importance of good relations with Aboriginal people connected with the land,” Mr Weatherill said.
In addition, a number of changes have been made to South Australian policy and legislation that have affected Aboriginal heritage legislation since 1988, including the enactment of the Native Title Act 1992 and the introduction of legislation that takes an integrated approach to land management and use.
A scoping paper has been released which sets out the guiding principles that will underpin the review:
- Recognising Aboriginal custodianship of cultural heritage;
Creating a strong framework for long-term protection and management of Aboriginal heritage;
Enabling Aboriginal negotiation of agreements about heritage;
Embedding Aboriginal heritage considerations into the development and land management process;
Creating timely and effective processes;
Creating certainty for all parties;
Complementing the Native Title Act 1992
“The scoping paper sets out some information and ideas about reform,” Mr Weatherill said.
“The review provides an opportunity to express views, develop ideas and have wide ranging discussion and debate so that we can develop legislation that is innovative and looks to the future.”
Following an initial consultation period, the results of that consultation will be compiled and analysed, with a position paper released by the government in the second half of 2009.
Further consultations will then be undertaken, out of which draft legislation will be developed.
The scoping paper can be downloaded from the Department of Premier and Cabinet website at
http://www.premcab.sa.gov.au
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