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Reshaping Queensland’s cultural heritage laws

Additional Information

  • Summary of proposed changes

    Opportunities to improve cultural heritage protection

    Opportunities to improve cultural heritage protection through increased consultation with Aboriginal and Torres Strait Islander people, including intangible cultural heritage, and strengthening compliance mechanisms.

    A suite of proposals (both legislative and non-legislative) has been developed to increase the role of Aboriginal and Torres Strait Islander people in managing and protecting their cultural heritage, and strengthen existing compliance mechanisms, as well as introduce new compliance mechanisms.

    • Proposal 1 - Replace the current Guidelines with a due diligence process that requires greater engagement, consultation and agreement making with the Aboriginal party and Torres Strait Islander party to protect cultural heritage.
    • Proposal 2 - Integrate cultural heritage protection and mapping into land planning to enable identification of cultural heritage at an early stage and consideration of its protection.
    • Proposal 3 - Amend the Cultural Heritage Acts to expressly recognise intangible elements of cultural heritage.
    • Proposal 4 - Provide a mechanism to resolve and deal with issues arising under the Cultural Heritage Acts.
    • Proposal 5 - Require mandatory reporting of compliance to capture data and support auditing of the system.
    • Proposal 6 - Provide for greater capacity to monitor and enforce compliance.

    See the proposed Cultural Heritage Assessment Framework here.

    Reframing the definitions of Aboriginal party and Torres Strait Islander party

    Reframing the definitions of Aboriginal party and Torres Strait Islander party so that people who have a connection to an area under Aboriginal tradition or Ailan Kastom have an opportunity to be involved in cultural heritage management and protection.

    Option 1: Proposed changes in areas of Queensland where there is no registered native title holder or registered native title claimant

    In these areas:

    • An Aboriginal or Torres Strait Islander person, claiming to have a connection to the area under Aboriginal tradition or Ailan Kastom, can request recognition as an Aboriginal or Torres Strait Islander party
    • The Cultural Heritage Acts are changed so that a previously registered native title claimant is not a native title party of an area, and section 35(7) is removed.

    Party status applications would be reviewed by a First Nations independent decision-making body.

    Option 2 : Proposed changes in areas of Queensland where the Aboriginal Party or Torres Strait Islander party is a previously registered native title claimant subject to a negative determination

    In these areas:

    • The native title party status of a previously registered native title claimant subject to a negative determination is removed from the CHA
    • The Cultural Heritage Acts are changed so that a previously registered native title claimant subject to a negative determination (native title does not exist) is not a native title party
    • Section 35 (7) of the CHA applies in these areas

    Promoting leadership by First Nations peoples

    Promoting leadership by First Nations peoples in cultural heritage management and decision making.

    Proposal 1

    Establish a First Nations-led entity with responsibilities for managing and protecting cultural heritage in Queensland. The entity could work with existing or future local Aboriginal and Torres Strait Islander groups who manage cultural heritage matters within their respective areas.

    Creating a First Nations-led entity would promote greater self-determination, by moving away from government making decisions for Aboriginal and Torres Strait Islander peoples.

    Proposal 2

    The First Nations independent decision-making entity, in partnership with Aboriginal and Torres Strait Islander peoples, explore the most culturally appropriate approaches for recognising historical connection to an area for the purposes of cultural heritage management.

Connect with us

Email: CHA_Review@dsdsatsip.qld.gov.au

Phone number: 1800 469 166

FAQS

The Department of Seniors, Disability Services and Aboriginal and Torres Strait Islander Partnerships is managing the review process of Queensland’s Cultural Heritage Acts.

 

The purpose of the review is to ensure the Cultural Heritage Acts continue to protect and conserve Queensland’s Aboriginal and Torres Strait Islander cultural heritage, while enabling business and development activity.

The review began in 2019 and has so far involved:

  • extensive engagement with Queensland’s Aboriginal and Torres Strait Islander peoples, non-Aboriginal and Torres Strait Islander stakeholders and other interested specialists
  • review and consideration of approaches of cultural heritage protections across other Australian jurisdictions, submissions made to the Juukan Gorge Inquiry and best practice standards and obligations
  • the preparation and publication of the options paper outlining proposals based on feedback received from stakeholders and priorities for improving the way we manage and protect Aboriginal and Torres Strait Islander cultural heritage.

The original timeline was disrupted by the COVID-19 pandemic, but the Government is now committed to finalising the review. The options paper provides for a 12-week public consultation period that will end on 31 March 2022.

 

The feedback received through the consultation on the options paper will be used to inform recommended changes to the Cultural Heritage Acts.

The laws protecting cultural heritage in Queensland are the Aboriginal Cultural Heritage Act 2003 and the Torres Strait Islander Cultural Heritage Act 2003.

 

The main purpose of the Cultural Heritage Acts is to provide effective recognition, protection and conservation of Aboriginal and Torres Strait Islander cultural heritage.

 

Not necessarily. The proposals are based on key themes from the feedback received in the review so far as well as other national developments. To enable us to finalise the review, we would appreciate your submission to cover the questions included in the options paper.

 

Alternatively, we would appreciate your feedback by completing the online survey. Providing your feedback is important as it will enable development of cultural heritage reforms that reflect your views.

To help you have your say on the proposed changes, an options paper is available that includes a number of options, and some questions to help you prepare your submission. Alternatively, you can complete a survey. You can complete both the survey and prepare a submission if you wish.

 

If you are having trouble with the online material, submitting a submission or completing the survey then a hard copy of the options paper can be mailed to you. Please email CHA_Review@dsdsatsip.qld.gov.au stating your mailing address if you would like a hard copy of the options paper posted to you.

 

You can provide feedback by the following methods:

 

Phone:   

1800 469 166

 

Email:    

CHA_Review@dsdsatsip.qld.gov.au

 

Mail:     

Cultural Heritage Review Team

Department of Seniors, Disability Services and Aboriginal and Torres Strait Islander Partnerships

1 William Street, Brisbane 4000 QLD

 

The options paper is designed to help you have your say on proposed changes to the way Aboriginal and Torres Strait Islander cultural heritage should be managed and protected in Queensland.

 

The options paper is split into three key reform themes with a number of questions within each area to help you prepare your submission in response to the proposed reforms. Each section explains the background to the proposal, purpose of the change and some details of the proposed reform.

Proposals in the options paper focus on three key themes:

  1. Improving cultural heritage protection by requiring consultation with First Nations peoples and strengthening compliance mechanisms. For example, replacing the current Cultural Heritage Duty of Care Guidelines with a due diligence process that requires more engagement, consultation and agreement making with the Aboriginal party and Torres Strait Islander party to protect cultural heritage and options to provide for greater ability to monitor and enforce compliance.
  2. Reframing the definitions of ‘Aboriginal party and Torres Strait Islander party’ so that people who have a connection to an area under Aboriginal tradition or Ailan Kastom (Torres Strait Islander ‘island custom’) have an opportunity to be involved in cultural heritage management and protection under the legislation.
  3. Promoting leadership by First Nations peoples in cultural heritage management and decision making. For example, establishing a First Nations-led entity with facilitative and administrative roles and responsibilities in relation to management and protection of cultural heritage.

You can phone, email or post your specific queries and someone from the Cultural Heritage Review Team will respond to you. Phone or email is preferred as posting a query might result in a delayed response.

 

Phone:   

1800 469 166

 

Email:    

CHA_Review@dsdsatsip.qld.gov.au

 

Mail:     

Cultural Heritage Review Team

Department of Seniors, Disability Services and Aboriginal and Torres Strait Islander Partnerships

1 William Street, Brisbane 4000 QLD

 

 

 

You can submit your submission on the homepage or email your submission to CHA_Review@dsdsatsip.qld.gov.au or mail to:

Cultural Heritage Review Team
Department of Seniors, Disability Services and Aboriginal and Torres Strait Islander Partnerships
1 William Street
Brisbane 4000 QLD

 

You can also complete the online survey found on the homepage.

Yes, please phone 1800 469 166 if you wish to provide your feedback by phone.

Yes, please email CHA_Review@dsdsatsip.qld.gov.au stating your mailing address and requesting a hard copy of the options paper.

Please call 1800 469 166 or email CHA_Review@dsdsatsip.qld.gov.au asking for this request.

Documents

 

 

 

 

Cultural Acknowledgement

We pay our respects to the Aboriginal and Torres Strait Islander ancestors of this land, their spirits and their legacy. The foundations laid by these ancestors - our First Nations peoples - gives strength, inspiration and courage to current and future generations towards creating a better Queensland.

We walk together on our shared journey of reconciliation where all Queenslanders will be equal and the diversity of Aboriginal cultures and Torres Strait Islander cultures and communities across Queensland are fully recognised, respected and valued by all.