All sections of the community are encouraged to become involved in a review of the State’s legislation that guides the management of Tasmania’s rich Aboriginal heritage.
Environment, Parks and Heritage Minister Matthew Groom said Tasmania was fortunate to be home to such rich cultural heritage and it was important to ensure that the relevant legislation reflected its significance to the State.
“The Aboriginal Relics Act is now more than 40 years old and we recognise it falls well short of community expectations,” Mr Groom said.
“Our Government has been liaising with the Aboriginal communities on this topic as part of our broader commitment to reset the relationship with Tasmania’s Aboriginal people.
“The recent vandalism of significant Aboriginal cave art highlighted the importance of reviewing the Act, especially given that the penalty for such an offence is a mere fraction of the penalties for damage to European heritage.”
Mr Groom said in proposing to amend the Act he recognised that some would prefer the Act to be replaced in its entirety. However previous attempts at this have not been successful.
“In consultation with the Aboriginal Heritage Council we have come to the view that the best approach is to address areas of immediate concern now, while at the same time recognising that there needs to be further ongoing engagement with the Aboriginal community and the broader community on other opportunities for reform.
“With this in mind our Government has committed to amend the Aboriginal Relics Act to address identified areas of immediate concern, and to set a firm deadline for a subsequent review.”
As immediate priorities, the Government is proposing to address a number of inadequacies in the existing legislation, including by:
* 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;
* considering the potential for scaled offences, in association with the removal of the ignorance defence and removal of the six month time limit for prosecuting offences;
* formally recognising the Aboriginal Heritage Council as the council to advise the Minister;
* setting a statutory timeline for a further review of the Act; and
* changing the name of the Act to the 'Aboriginal Heritage Act'.
“Our Government's intention is to introduce legislation into the Parliament before the end of this year,” Mr Groom said.
“While our Government will consult and engage with Tasmania’s Aboriginal communities as part of reviewing the Act, Tasmania’s wider community is also an important part of this process.
“That is why I would like to invite all Tasmanians to take part and have their say on this important legislation, which will ensure we have a better Act in place that reflects the significance of our extraordinary Aboriginal heritage.”
A public submission process has just been opened which will run until the end of July.
For full details on the proposed amendments and how to make a submission visit the Department of Primary Industries, Parks, Water and Environment at www.dpipwe.tas.gov.au
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