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Aboriginal and Torres Strait Islander Heritage Protection Regulations 1984

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Aboriginal and Torres Strait Islander Heritage Protection Regulations 1984 Statutory Rules 1984 No. 176 as amended made under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 This compilation was prepared on 1 July 2004 taking into account amendments up to SR 2004 No. 176 Prepared by the Office of Legislative Drafting, Attorney-General’s Department, Canberra Contents Page Contents 1 Name of Regulations [see Note 1] 3 2 Interpretation 3 3 Identity cards for authorised officers 3 3A Community areas — Victoria 3 4 Prescribed authority 4 5 Amendment of Schedule to the Act 4 5A Further amendment of Schedule to the Act 4 5B Addition to Schedule to the Act 4 5C Local Aboriginal Community — Yorta Yorta Murray Goulburn Rivers Clans Incorporated 4 5D Local Aboriginal communities (Act, Schedule) 5 5E Local Aboriginal communities (Act, Schedule) 5 6 Form of emergency declaration 5 6A Notification of emergency declaration of preservation 6 6B Notice of advice or determination 6 6C Temporary declarations and declarations of preservation 6 6D Notice of temporary declaration 7 7 Compulsory acquisition 7 8 Prescribed authority: paragraph 21Q (1) (c) of the Act 8 9 Identity card for inspectors 8 9A Consent under subsection 21U (4) of the Act 8 10 Inspection of register 8 Schedule 1 10 Schedule 2 11 Form Emergency declaration under subsection 21c (1) of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 11 Schedule 3 12 Form Identity Card No. 12 Schedule 4 Community areas in relation to local Aboriginal communities in Victoria 13 Notes 86 2 Aboriginal and Torres Strait Islander Heritage Protection Regulations 1984 Regulation 3A 1 Name of Regulations [see Note 1] These Regulations are the Aboriginal and Torres Strait Islander Heritage Protection Regulations 1984. 2 Interpretation In these regulations, the Act means the Aboriginal and Torres Strait Islander Heritage Protection Act 1984. 3 Identity cards for authorised officers (1) An identity card issued for the purposes of subsection 17 (2) of the Act shall be in accordance with the form in Schedule 1. (2) For the purposes of paragraph 17 (3) (b) of the Act, the following particulars are prescribed: (a) name of authorized officer; (b) identity card number; (c) date appearing on identity card. 3A Community areas — Victoria (1) For the purposes of the definition of community area in subsection 21A (1) of the Act, each area specified in Schedule 4, being the area in Victoria of a local Aboriginal community within the meaning of Part IIA of the Act, is declared to be the area of that community for the purposes of that Part. (2) While the members of the Aboriginal communities listed in the Schedule to the Act as in force from time to time accept the requirement for the boundaries of their community areas to be described by regulation, the Government of Victoria acknowledges that the boundaries described in the regulations do not necessarily correspond with or represent the traditional tribal boundaries of the Aboriginal people in those communities. Aboriginal and Torres Strait Islander Heritage Protection 3 Regulations 1984 Regulation 4 4 Prescribed authority For the purposes of paragraph 21 (1) (c) of the Act, the Museum of Australia is an authority for safekeeping. 5 Amendment of Schedule to the Act For the purposes of subsection 21A (2) of the Act, the Schedule to the Act is amended: (a) by omitting ‘Cann River Aboriginal Co-operative’; (b) by omitting ‘and District’ from ‘Lake Condah and District Co-operative Ltd.’ and substituting ‘Aboriginal’; and (c) by omitting ‘West Gippsland Aboriginal Co-operative Ltd.’. 5A Further amendment of Schedule to the Act For the purposes of subsection 21A (2) of the Act, the Schedule to the Act is further amended: (a) by omitting ‘Bendigo Dja Dja Wung’ and substituting ‘Bendigo Dja Dja Wrung’; (b) by inserting ‘and’ after ‘Sunraysia’; (c) by omitting ‘Lake Tyres’ and substituting ‘Lake Tyers’; (d) by inserting ‘West Gippsland Aboriginal Co-operative Ltd.’ after ‘Wathaurong Aboriginal Co-operative Ltd.’. 5B Addition to Schedule to the Act For the purposes of subsection 21A (2) of the Act, the Schedule to the Act is amended by inserting ‘Brambuk Incorporated’ after ‘Bendigo Dja Dja Wrung Aboriginal Association Incorporated’. 5C Local Aboriginal Community — Yorta Yorta Murray Goulburn Rivers Clans Incorporated For the purposes of subsection 21A (2) of the Act, the Schedule of the Act is amended by adding at the end ‘Yorta Yorta Murray Goulburn Rivers Clans Incorporated’. 4 Aboriginal and Torres Strait Islander Heritage Protection Regulations 1984 Regulation 6 5D Local Aboriginal communities (Act, Schedule) For subsection 21A (2) of the Act, the Schedule to the Act is amended: (a) by omitting the following items: (i) Echuca Aboriginal Co-operative Ltd.; (ii) Healesville and District Aboriginal Co-operative Ltd.; (iii) Sunraysia and District Aboriginal Corporation; and (b) by inserting the following items: (i) Coranderrk Koori Co-operative Ltd.; (ii) Mildura Aboriginal Corporation; (iii) Njernda Aboriginal Corporation. 5E Local Aboriginal communities (Act, Schedule) For subsection 21A (2) of the Act, the Schedule to the Act is amended: (a) by omitting the following items: (i) Njernda Aboriginal Corporation; (ii) Shepparton Aboriginal Arts Council Co-operative Ltd.; (iii) Yorta-yorta Cultural Heritage Council Incorporated; (iv) Yorta Yorta Murray Goulburn Rivers Clans Incorporated; and (b) by inserting the following items: (i) Bangerang Cultural Centre Co-operative Ltd; (ii) North West Nations Clans Aboriginal Corporation; (iii) Taungurung Clans Aboriginal Corporation; (iv) Victorian Boonerwrung Elders Land Council Aboriginal Corporation; (v) Yorta Yorta Nation Aboriginal Corporation. 6 Form of emergency declaration For the purposes of subsection 21C (1) of the Act, the prescribed form of emergency declaration is the form in Schedule 2. Aboriginal and Torres Strait Islander Heritage Protection 5 Regulations 1984 Regulation 6A 6A Notification of emergency declaration of preservation (1) A notification under subsection 21C (4) or (5) of the Act must include: (a) the name and address of each person to whom the notification is to be given; and (b) a statement that the emergency declaration has been made, varied or revoked, as the case requires; and (c) if the notification relates to the making or variation of an emergency declaration: (i) the contents of the declaration or variation; and (ii) a description of the land to which the declaration or the variation relates. (2) A notification under subsection 21C (4) or (5) of the Act must be signed by the person giving the notification. 6B Notice of advice or determination (1) A notice under paragraph 21D (2) (a) or 21E (2) (a) of the Act must include: (a) the name and address of each person to whom the notice is to be given; and (b) the contents of the advice or determination; and (c) a description of any land to which the advice or determination relates. (2) A notice under paragraph 21D (2) (a) or 21E (2) (a) of the Act must be signed by the person giving the notice. 6C Temporary declarations and declarations of preservation A temporary declaration under paragraph 21D (3) (a) of the Act, and a declaration of preservation under paragraph 21E (3) (a) of the Act, must include: (a) the date on which any advice under subsection 21D (1) of the Act in respect of the subject matter of the declaration was received by the Minister; and (b) the name of the local Aboriginal community giving the advice; and 6 Aboriginal and Torres Strait Islander Heritage Protection Regulations 1984 Regulation 7 (c) the name of any person nominated by the local Aboriginal community as the community’s contact person in respect of the subject matter of the declaration; and (d) a description of the place or object in respect of which the determination has been made, including any name or names of the place or object; and (e) a concise description of the significance to the local Aboriginal community of the place or object; and (f) a detailed description of the land where the place is situated or a description of the place where the object is located; and (g) the name and address of the owner or occupier of the land or place; and (h) a concise statement of the grounds on which the declaration has been made. 6D Notice of temporary declaration (1) A notice under subsection 21D (5) of the Act must include: (a) the name and address of each person to whom the notice is to be given; and (b) a statement that the temporary declaration has been made, varied or revoked, as the case requires; and (c) if the notice relates to the making or variation of a temporary declaration: (i) a statement of the contents of the declaration or variation; and (ii) a description of the land to which the declaration or variation relates. (2) A notice under subsection 21D (5) of the Act must be signed by the person giving the notice. 7 Compulsory acquisition For the purposes of subsection 21L (1) of the Act, the provisions of the Lands Acquisition Act 1955 in relation to the acquisition of land by compulsory process shall, so far as applicable, apply in relation to: (a) Aboriginal places; and Aboriginal and Torres Strait Islander Heritage Protection 7 Regulations 1984 Regulation 8 (b) Aboriginal folklore and Aboriginal objects as if the references in that Act to land were references to any part of that folklore or any of those objects. 8 Prescribed authority: paragraph 21Q (1) (c) of the Act For the purposes of paragraph 21Q (1) (c) of the Act, the Museum of Victoria is a prescribed authority. 9 Identity card for inspectors (1) For the purposes of subsection 21R (2) of the Act, the prescribed form of identity card is the form in Schedule 3.
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