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Aboriginal Cultural Heritage Act 2003 (Qld)
|Binomial Name:||State of Queensland|
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|The Aboriginal Cultural Heritage Act 2003 (Qld) is an 'Act to make provision for Aboriginal cultural heritage, and for other purposes' (long title). The main purpose of the Act is to 'provide effective recognition, protection and conservation of Aboriginal cultural heritage' (see Part 1, Division 2). Five fundamental principles underlie the main purpose of the Act. These are that:|
'(a) the recognition, protection and conservation of Aboriginal cultural heritage should be based on respect for Aboriginal knowledge, culture and traditional practices;
(b) Aboriginal people should be recognised as the primary guardians, keepers and knowledge holders of Aboriginal cultural heritage;
(c) it is important to respect, preserve, and maintain knowledge, innovations and practices of Aboriginal communities and to promote understanding of Aboriginal cultural heritage;
(d) activities involved in recognition, protection and conservation of Aboriginal cultural heritage are important because they allow Aboriginal people to reaffirm their obligations to 'law and country';
(e) there is a need to establish timely and efficient processes for the management of activities that may harm Aboriginal cultural heritage.' (Part 1, Division 2, s 5).
|Under the Act there is legislative recognition that:|
-Aboriginal people are the primary keepers and guardians of Aboriginal cultural heritage;
-Existing rights of ownership of cultural heritage by Aboriginal people are not affected;
-There is Aboriginal ownership of:
*human remains wherever held;
*secret and sacred material currently held in state collections (such as the Queensland Museum);
*cultural heritage removed from land.
-Residual ownership (custodianship) of any other cultural heritage resides in the State (to ensure, for example, the protection of cultural heritage on freehold land).
The legislation also includes provisions regarding blanket protection of significant sites, duty of care, the establishment of a cultural heritage register, means of assessment of significant sites, management plans, permits, existing agreements, access, stop work orders, administration, penalties and prosecution.
This Act, in conjunction with the accompanying legislation, the Torres Strait Islander Cultural Heritage Act 2003 (Qld), replaces the Cultural Record (Landscapes Queensland and Queensland Estate) Act 1987 (Qld).
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