Phone number: 1800 469 166
Authorised officer role: Expand an authorised officer role to include:
Category 5: When an activity is proposed under category 5 in the Duty of Care Guidelines there is generally a high risk that it could harm Aboriginal cultural heritage. In these circumstances, the activity should not proceed without cultural heritage assessment. (see Cultural heritage duty of care | Aboriginal and Torres Strait Islander peoples | Queensland Government)
Excluded activity: Clearing along a fence line or to maintain existing cleared areas around infrastructure or a subdivision of less than three lots.
First Nations independent decision-making body: Establish a First Nations-led entity with responsibilities for managing and protecting cultural heritage in Queensland. The entity could work with existing and future local Aboriginal and Torres Strait Islander groups who manage cultural heritage matters within their respective areas.
This table outlines a broad structure and possible functions of a First Nations led entity:
|Number of Entities||There could be one entity for Aboriginal cultural heritage, one entity for Torres Strait Islander cultural heritage, or one representing both (which can be flexibly and appropriately constituted depending on the type of cultural heritage). The entity would also need to be flexible to be appropriately constituted according to specific areas in Queensland.|
Legal status of entity
Depending on the functions and powers of the entity, options for its legal status could include:
|Funding||The Queensland Government would provide funding for the entity.|
|Leadership||The entity would be led by First Nations people with expertise, knowledge, connection to country, and skills relevant to protecting and managing cultural heritage.|
|Functions of the entity|| |
The overall purpose of the entity could be to provide dispute resolution support, assistance, advice and/or decision-making for managing and protecting cultural heritage in Queensland. Specific functions could include:
|Local Aboriginal and Torres Strait Islander groups||Local Aboriginal and Torres Strait Islander panels or groups could be established by the entity to manage cultural heritage matters. The entity could determine membership and develop roles and responsibilities consistent with the principles of traditional ownership and rights in land.|
High-risk area: A mapped area requiring a greater level of consideration to ensure protection from desecration, damage or destruction due to the area having known cultural significance to Aboriginal or Torres Strait Islander peoples because of, but not limited to:
Infringement notices: Issuing of infringement notices modelled on the Penalty Infringement Notice System in Queensland which could be issued for breach of current offences as well as introduce offences such as non-compliance with the proposed Cultural Heritage Assessment Framework.
Mapping system: A system where there is mapping of high-risk cultural heritage areas in Queensland involving engagement with Aboriginal or Torres Strait Islander parties to identify areas and assess cultural heritage to be protected.
Penalties: Introduce new types of orders that incorporate restorative justice principles allowing for rehabilitative and educations measures in parallel with pecuniary ones (e.g. educational orders, compulsory training).
Prescribed activity: an activity that causes disturbance that would result in a lasting impact to ground that has not previously been disturbed, or to the ground below the level of disturbance that currently exists.
Recognising historical connection: The First Nations independent decision-making entity, in partnership with Aboriginal and Torres Strait Islander peoples, explores the most culturally appropriate approaches for recognising historical connection to an area for the purposes of cultural heritage management. Key matters that may need to be considered include, but are not limited to:
Register all agreements and consultations: A prescribed requirement for land users to document and register all agreements and consultation under the Cultural Heritage Acts such as:
Significant Aboriginal or Torres Strait Islander area or object: Currently defined in the Cultural Heritage Acts as an area or object of particular significance to Aboriginal or Torres Strait Islander peoples because of either or both of the following: