Jeremy Rockliff

Premier of Tasmania



15 March 2017

, Minister for Environment, Parks and Heritage

Amending the Aboriginal Relics Act

The Hodgman Liberal Government has today delivered an important milestone in its commitment to better protect Tasmania’s rich Aboriginal heritage by tabling the Aboriginal Relics Amendment Bill 2016.

The Bill has been tabled after extensive consultation with the Aboriginal community and other key stakeholders since we announced our intention to amend the Act last year.

The consultation has confirmed a high level of support for the reforms and helped us to refine the Bill while keeping the core objectives unchanged.

The draft Bill addresses all the matters that were initially identified, including:

  • changing the name of the Act to the “Aboriginal Heritage Act”;
  • removing reference to 1876 as being a “cut-off” point for what is considered as Aboriginal heritage;
  • increasing penalties for damage to Aboriginal heritage to be in line with the penalties for damage to non-Aboriginal heritage;
  • introducing scaled offences, in association with the removal of the ignorance defence and removal of the 6-month time limit for prosecuting offences;
  • establishing a statutory Aboriginal Heritage Council of Aboriginal people to advise the Minister; and
  • setting a statutory timeline for a further review of the Act.

New defences will also be included for emergency response and compliance with guidelines.  This recognises that the effect of the new offences and penalties is an acknowledgement of an obligation to exercise due diligence, and take reasonable precautions, to avoid harm to Aboriginal heritage. 

Our amendments will address areas of immediate concern now, while recognising there will need to be further ongoing engagement with the Aboriginal community and the broader community to resolve other outstanding issues with the Act. That is why the Bill includes a statutory review after three years.

The Hodgman Government has made a commitment to reset our relationship with the Tasmanian Aboriginal community and the additional protections this Bill provides for our rich Aboriginal heritage is another way we are demonstrating this.



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