Native Title and Aboriginal Cultural Heritage Compliance for Local Governments

Abstract

This Manual is designed for use by public works proponents as a guide and operational handbook detailing the Indigenous cultural heritage and native title legal compliance requirements in Queensland for public works projects. In relation to Indigenous cultural heritage, State legislation is principally applicable - the Aboriginal Cultural Heritage Act 2003 (Qld) and the Torres Strait Islander Cultural Heritage Act 2003 (Qld). Whilst there is Commonwealth legislation on the topic (the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth)), it does not really have much practical application to public works projects in Queensland unless an application for Ministerial protection of a site is made under the statute. In relation to native title, Commonwealth legislation is principally applicable - the Native Title Act 1993 (Cth). There is also relevant Queensland legislation, the Native Title (Queensland) Act 1993 (Qld). However the main effect of the State legislation is to implement in Queensland the Commonwealth statutory regime. In 2007 the Native Title Act, 1993 (Cth) was substantially amended by two pieces of amendment legislation. Also, in 2008 the Commonwealth Government announced a further review of native title policy and a new policy direction involving "alternative settlements" to native title claims. Whilst both Indigenous cultural heritage and native title compliance are relevant to other fields (eg. land use planning, mining operations, pastoral businesses, etc), this Manual deals with the practical implications of those issues for public works projects and for local government generally.