Black, Russell; Watson, Nicole --- "New Cultural Heritage Legislation - One Small Step for Murris, One Giant Leap for the Queensland Government" [2001] IndigLawB 78; (2001) 5(13) Indigenous Law Bulletin 8

[1] Department of the Premier and Cabinet, Native Title Services, Indigenous Cultural Heritage Review, www.premiers.qld.gov.au/about/nativetitle/newweb/pages/projects.htm. As a result of public consultations an amended model was released for public consultation in April 2001. This paper will discuss the draft model in its current form only.

[2] See Aboriginal Relics Preservation Act 1967 (Qld) s 3 for definitions of ‘Aboriginal site’ and ‘relic’.

[3] Ibid s 19.

[4] Ibid s 20.

[5] Queensland, Hansard, Legislative Assembly, 9 April 1987, 1668 (Honourable RC Katter, Minister for Northern Development and Community Services).

[6] Cultural Record (Landscapes Queensland and Queensland Estate) Act 1987 (Qld) (‘CRA’) s 5.

[7] Ibid.

[8] Queensland, Hansard, Legislative Assembly, 19 November 1987, 4653 (Mr Denver Beanland, Member for Toowong).

[9] CRA s 17(1).

[10] Ibid ss 9(1) & 21.

[11] Ibid s 27.

[12] Ibid s 56(4).

[13] Ibid s 12.

[14] Ibid s 27(4)(d).

[15] For example State Development and Public Works Organisation Act 1971 (Qld).

[16] Mabo v The State of Queensland (No 2) [1992] HCA 23; (1992) 175 CLR 1.

[17] See Native Title Act 1993 (Cth) Part 2 Division 3.

[18] Human Rights and Equal Opportunity Commission, Native Title Report 2000, (2000) 6-7.

[19] H Fourmile, ‘The Queensland Heritage Act 1992 and the Cultural Record (Landscapes Queensland and Queensland Estate) Act 1987 (Qld): Legislative Discrimination in the protection of Indigenous Cultural Heritage’ (1996) 1 Australian Indigenous Law Reporter 507.

[20] Foundation for Aboriginal and Islander Research Action, Land Rights Queensland (March 2000).

[21] Ibid.

[22] Ibid.

[23] Native Title Services, Department of the Premier and Cabinet, above n 1.

[24] Ibid, Key Elements. Note also that the draft model envisages separate legislation in relation to Aboriginal and Torres Strait Islander cultural heritage. However, the model refers to the proposed legislation collectively as ‘the Act’.

[25] Ibid 3.

[26] Ibid.

[27] Ibid 5.

[28] CRA Part 6 Division 3.

[29] Native Title Services, Department of the Premier and Cabinet, above n 1, Key Elements, 5.

[30] Ibid.

[31] Ibid 26.

[32] Ibid 23.

[33] Ibid 25.

[34] Ibid 26.

[35] Ibid 7.

[36] Ibid.

[37] Ibid 14.

[38] Ibid.

[39] Foundation for Aboriginal and Islander Research Action, above n 20.