Cultural heritage in Australia
In Australia, Aboriginal and Torres Strait Islander heritage can refer to places, objects, physical remains, and other items that hold cultural significance. These could include:
data collected from Indigenous communities
songlines, stories, social practices and rituals
visual artworks, dance and crafts
knowledge of traditional food and medicine
environmental and ecological knowledge.
In its 2018 report ‘Protection of Australia’s Commemorative Places and Monuments,’ the Australian Heritage Council also highlights Indigenous commemorative places, which ‘may be viewed as places or features of particular significance on a continuum within the broader cultural landscape of land and sea Country’. The report adds that:
‘[T]here are of course other sites which, while not heritage listed (at least to the present) may be regarded as importantly commemorative of Indigenous achievement, such as rock art sites. There are more than 100,000 known Indigenous art sites scattered across Australia and there is likely to be even more sites as yet not revealed to or recognised beyond local community groups.’
Laws protecting Indigenous heritage
In Australia, each state and territory has different laws protecting various types of Indigenous heritage. There are also Commonwealth laws in place.
State and territory protections +
Each state and territory has laws that protect types of Indigenous heritage. According to the Prescribed Bodies Corporate, there are ‘significant differences in cultural heritage laws across the country as cultural heritage has been defined and recognised in different ways’.
The Department of Agriculture, Water and the Environment offers a list of principal Indigenous heritage legislation in each state and territory, along with details of registers of Indigenous heritage sites.
Commonwealth protections +
The Commonwealth Government also has laws protecting Indigenous heritage places of national significance. These include:
- The Environment Protection and Biodiversity Conservation Act 1999, which establishes the National Heritage List. This protects Indigenous places of ‘outstanding heritage value’ along with significant natural and historic places.
- This Act also establishes the Commonwealth Heritage List, which includes places under Australian Government control that have significance for Indigenous heritage.
- The Australian Government Policy on Indigenous Repatriation, which governs the return of ancestral remains and secret sacred objects to their communities.
- Protection of Movable Cultural Heritage Act 1986, which protects movable cultural objects in Australia, and supports the protection of movable cultural objects from foreign countries.
- Aboriginal and Torres Strait Islander Heritage Protection Act 1984, which works to ‘preserve and protect places, areas and objects of particular significance’ to Indigenous heritage.
How native title can protect cultural heritage
Native title can include the right to protect places that are significant under traditional laws and customs. Native title rights may offer protection even if no other state, territory or Commonwealth protection exists (or may offer additional protection).
The Native Title Act 1993 (Cth) also requires certain notifications, consultations and negotiations relating to proposed activities that could effect cultural heritage. However, native title laws do not provide total protection from development activities, and in places where native title has been extinguished, state, territory and Commonwealth laws must be relied on to protect cultural heritage.
For more information on this topic, see the Prescribed Bodies Corporate website.
New developments: The First Nations Heritage Protection Alliance
In June 2020, Aboriginal leaders from across Australia representing Aboriginal Land Councils, Native Title Representative Bodies and Aboriginal and Torres Strait Islander Community Controlled Organisations met in response to the destruction of the 46,000 year-old heritage site at Juukan Gorge by Rio Tinto. The communique from the meeting states:
'Our leaders agree this cannot continue and intend on fighting back. Not only should the lives of our people matter as much as those of non-Indigenous Australians, but our heritage and culture should also be equally important. We are determined to work together to develop a united national approach to this serious problem and insist all governments at all levels work with us to develop and implement reforms led by Aboriginal and Torres Strait Islander communities.'
Read more +
Further information on cultural heritage in Australia:
- AIATSIS report on the situation and status of Indigenous cultures and heritage.
- AIATSIS native title and Indigenous cultural heritage management bibliography.
- Department of Agriculture, Water and the Environment's information on Australia's heritage, Indigenous heritage and Indigenous heritage laws.
- Indigenous Cultural Heritage Conference 2021.
- Dhawura Ngilan: A vision for Aboriginal and Torres Strait Islander heritage in Australia and the Best Practice Standards in Indigenous cultural heritage management and legislation.
- Ministerial Indigenous Heritage Roundtable Communique—21 September 2020: Modernisation of Indigenous Heritage Protection Regimes.