NSWALC has been advocating for better protections for Aboriginal culture and heritage since the late 1970's. This page provides information about the current NSW Government inquiry into the laws managing Aboriginal culture and heritage in NSW. This inquiry is reviewing options to establish increased protections for Aboriginal culture and heritage and potentially stand-alone legislation.

This page contains the following sections:

• Latest News - May 2012
• • NSWALC releases three proposed models for new Aboriginal culture and heritage laws for consultation and feedback
  • NSWALC community consultations May-June 2012
  • New Government reform working party established
  • Revised Government timeline for reform announced - Phase 2 to commence: 11 community forums across NSW
• NSWALC Aboriginal culture and heritage reform petition 
• NSWALC and NTSCORP submission to the review - December 2011
• NSW Government announces revised review process - October 2011
• NSWALC Background Papers - Reforming Aboriginal culture and heritage laws 

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Latest News -  May 2012

Three proposed models for new Aboriginal culture and heritage laws released for consultation

The New South Wales Aboriginal Land Council (NSWALC) is seeking your feedback on three alternative models for new laws to manage and protect Aboriginal culture and heritage in NSW. The three models are outlined in a report commissioned by NSWALC titled 'Protecting the Past, Guarding the Future'.

The models have been proposed in order to encourage discussion and debate about the merits of different possible approaches to legislative reform.

The three proposed models for reform are:

• Model 1: Aboriginal Culture and Heritage Commissions, which is based on the recommendations of past reviews and some aspects of the Northern Territory Aboriginal Areas Protection Authority,
• Model 2: Two-tiered Aboriginal Land Councils, which references some Indigenous committees established by First Nations (North American and Canadian) groups), and
• Model 3: Registered Aboriginal Parties, which references the current Victorian system with significant changes to recognize the network of existing organizations in NSW such as Land Councils and Native Title groups.

Have your say!
Please send your feedback on the proposed models to NSWALC the Policy and Research Unit by the 31 July 2012. A discussion paper and feedback form have been developed to assist in providing feedback.

NSWALC community consultations May - July 2012
The NSWALC Policy and Research Unit will be conducting consultations with the network on the three proposed models for new Aboriginal culture and heritage laws during May and June 2012.  

Please contact your Zone office for further details about consultations in your region.

More information about the current government review process is available in a NSWALC network message.

New Aboriginal Culture and Heritage Reform Working Party Established
A new Aboriginal Culture and Heritage Reform Working Party has been established to provide advice to the two Ministers on options for stand-alone legislation to protect and manage Aboriginal culture and heritage. The new Working Party, which met for the first time on 14 May, consists of individuals with expertise in community engagement, cultural and social issues affecting Aboriginal peoples of NSW, land management and conservation, legal, and industry.

The following Working Party members have been appointed by the Ministers in an individual capacity, not as representatives of their respective organisations:

• Mr Danny Gilbert - Chair and an expert in community engagement with a broad understanding of the cultural and social issues affecting Aboriginal people of NSW
• Mr Norman Laing - Office of Environment and Heritage- ex-officio member
• Mr Jason Ardler - Aboriginal Affairs NSW- ex officio member
• Mr Stephen Ryan - NSW Aboriginal Land Council (NSWALC) - expertise in land management and the issues affecting Aboriginal cultural heritage
• Ms Constance Chatfield - Local Government and Shires Association (LGSA) - expertise in land management and the issues affecting Aboriginal cultural heritage
• Mr Brad Welsh - Rio Tinto - an individual who has expertise in land management and the issues affecting Aboriginal cultural heritage
• Ms Megan Mebberson - Office of the Registrar, Aboriginal Land Rights Act - Aboriginal culture and heritage legal expert
• Dr Sandra Wallace - Australian Association of Consulting Archaeologists (AACA)- expert in Aboriginal culture and heritage conservation
• Ms Brianna Casey - NSW Farmers - from industry or business with experience in issues relating to Aboriginal culture and heritage
• Mr Robert Wilcher - Property Council of Australia (NSW) - from industry or business with experience in issues relating to Aboriginal culture and heritage

Government's revised timeline for reform  
As part of its first business, the newly formed Working Party endorsed a revised timetable for the reform of Aboriginal culture and heritage laws in NSW:

Phase 1 - 1^st round of Public consultation (November - December 2011)
Phase 2 - Collation of Round 1 input, education campaign - information papers and workshops, development of options paper (January - September 2012)
Phase 3 - 2nd round of public consultation (October - December 2012)
Phase 4 - Recommendations and government decision  (March 2013)
Phase 5 - If required, Bill development and public exhibition, subject to Cabinet endorsement 

The Office of Environment and Heritage are about to commence a series of 11 forums across NSW to provide feedback from the first round of consultations, and also present a comparison of the NSW Aboriginal heritage system with systems of other jurisdictions within Australia.

Date	Venue	Time
June 5	Rooty Hill RSL, 55 Sherbrooke Street Rooty Hill	1:30 - 3:30
June 7	Yamaloong, 71 Prospect Road, Garden Suburb Cardiff	1:30 - 3:30
June 13	Nowra School of Arts, 12 Berry Street Nowra	1:30 - 3:30
June 15	The RB Smith Centre, 262 Crawford Street Queenbeyan	10:30 - 12:30
June 26	Coledale Community Centre, 2B Kenny Drive Tamworth	1:30 - 3:30
June 28	Coffs Harbour Ex Servicemen's Club, Vernon Street Coffs Harbour	1:30 - 3:30
July 10	Dubbo RSL Club, corner of Brisbane and Wingewarra streets Dubbo	1:30 - 3:30
July 12	Walgett District Sporting Club, Montkeila Street Walgett	1:30 - 3:30
July 17	Griffith Ex Servicemen's Club, Jondaryan Avenue Griffith	1:30 - 3:30
July 19	Bourke PCYC Club, Wilson Street Bourke	1:30 - 3:30
July 26	Broken Hill Musicians Club, 276 Crystal Street Broken Hill	1:30 - 3:30

 

The OEH have now published documents to support the education workshops, including a summary of submissions made to the first round of the review process on their website at: http://www.environment.nsw.gov.au/achreform/index.htm 

Complete copies of submissions made in response to the first round of consultations are also available at the OEH website at:  http://www.environment.nsw.gov.au/achreform/ACHconsult.htm

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NSWALC Aboriginal culture and heritage reform petition

NSWALC has prepared a petition calling on the NSW Government to: 

1. Legislate to recognise Aboriginal peoples as the rightful owners of Aboriginal culture and heritage in NSW,
2. Ensure international human rights instruments, including the United Nations Declaration on the Rights of Indigenous Peoples, underpin legislation on Aboriginal culture and heritage, and
3. Ensure that a genuine process is undertaken to reform Aboriginal culture and heritage laws, including consultation with all Aboriginal communities in NSW including minimum one months notice given to Aboriginal communities regarding consultation dates and times.

We are aiming to obtain 10,000 signatures so that Aboriginal culture and heritage reforms will be debated in Parliament and given the appropriate level of consideration by Government in the lead up to the reform being brought before Cabinet for a determination later in the year.

Thank you to everyone who has sent in signed petitions so far. Please keep collecting as many signatures as possible!

Original signatures are required for the petition to be considered by the Government. Every person signing a petition must write their address after their signature.

Please return signed petitions to:  
NSWALC
Policy & Research Unit
PO Box 1125
PARRAMATTA NSW 2124

More information
NSWALC has prepared a fact sheet the provides more information about the petition.  

Please contact the NSWALC Policy and Research Unit on 02 9689 4444 or policy@alc.org.au if you would like further information about the broader reform process, or copies of resource kits.

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NSWALC and NTSCORP submission to the review - December 2011

In October 2011 the NSW Office of Environment and Heritage (OEH) released a discussion paper titled 'Aboriginal heritage legislation in NSW: Public consultation on issues for reform'. The OEH advised that this would constitute the first round of consultations in the review process.  

The OEH accepted written and verbal submission until 31 December 2011. The OEH have now published submissions made to the first round of the review process on their website at: http://www.environment.nsw.gov.au/achreform/ACHconsult.htm

NSWALC developed a Template Letter to assist Local Aboriginal Land Councils and members of the Aboriginal community to have a say. NSWALC also developed a template letter to assist members of the public to have a say about the reforms. 

NSWALC and NTSCORP provided a submission to the discussion paper, titled 'Our Culture in Our Hands' that can be downloaded here.

NSWALC and NTSCORPs submission makes a number of recommendations, including the following:

• Consultation: To ensure that the views of the Aboriginal community are appropriately considered and incorporated, options for the reform of Aboriginal culture and heritage laws must not be prepared until after more comprehensive consultation with the Aboriginal community has occurred
• Prioritising Aboriginal input: NSWALC and NTSCORPcall on the Government to ensure that Aboriginal views on possible reform of Aboriginal culture and heritage laws are prioritised above that of other stakeholders.
• Independent reform process: To ensure the Working Party remains independent in its views and advice, and to eliminate any potential conflict or interest, NSWALC and NTSCORP strongly recommend the Government engage an independent third party to assist in the preparation of Working Party reports and recommendations, and to undertake future public consultations.
• Recognition of Aboriginal rights: NSWALC and NTSCORP call on the Government to ensure Aboriginal interests are appropriately represented on the Working Party, through the dedication of Aboriginal specific seats on the Working Party. It is unacceptable that only one of the 13 proposed members of the Working Party is specifically identified to represent Aboriginal interests.

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NSW Government announces revised review process - October 2011

In late October2011 the NSW Office of Environment and Heritage (OEH) released information on the OEH website advising of a revised law reform process, and that consultations on developing options to reform NSW Aboriginal culture and heritage laws were to take place in 25 locations around NSW during November and December 2011.

NSWALC and NTSCORP raised major concerns about the extremely short 'public consultation' process, andlimited notice that has been provided to the community. NSWALC and NTSCORP also have significant concerns about the composition of the Aboriginal Culture and Heritage Reform Working Party. These concerns, and an overview of the process to date, are outlined in further detail in a Network Message  and Fact Sheet.

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NSWALC background papers - Reforming Aboriginal culture and heritage laws

In February 2010, when amendments to the Aboriginal culture and heritage provisions in the National Parks and Wildlife Act 1974 were introduced into Parliament, the NSW Government announced it would establish a Working Party to consider options for establishing independent Aboriginal heritage legislation for NSW.

With "broad reform" of the state's Aboriginal culture and heritage regime again on the Government's agenda, the NSW Aboriginal Land Council (NSWALC) has commissioned the following three research papers to stimulate discussion and debate:

'Our Sites, Our Rights - Returning control of Aboriginal sites to Aboriginal communities: A summary of key recommendations of past Aboriginal heritage reviews in NSW'; This report provides a succinct summary of the history of reforms to Aboriginal culture and heritage laws in NSW and outlines the key findings and recommendations of previous reform attempts, including the Keane Committee Reports in the early 1980's and the reports of the Aboriginal Cultural Heritage Working Group in the mid-1990's.
'Caring for Culture: Perspectives on the effectiveness of Aboriginal cultural heritage legislation in Victoria, Queensland and South Australia'; Original research was conducted and is used in this paper to examine some of the strengths and weaknesses in three other legislative regimes. Aboriginal people, government representatives, lawyers and heritage professionals in other states were interviewed to find out what some of the key issues are with the culture and heritage laws in Victoria, Queensland and South Australia.
'Commonwealth, State and Territory Heritage Regimes: summary of provisions for Aboriginal consultation'.   This report, completed by the National Native Title Tribunal, provides an overview of the culture and heritage laws in other Australian states and territories, with a focus on  provisions relating to consultation requirements.

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Click here for a network message about the background papers.

FEEDBACK WELCOME!

If you have any comments, feedback or questions about the reports, or would like more information about the broader reform process, please contact the NSWALC Policy and Research on 02 9689 4444 or  policy@alc.org.au.