Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Museums Board of Victoria v Carter [2005] FCA 645
MUSEUMS BOARD OF VICTORIA v RODNEY CARTER
VID 1240 of 2004
RYAN J
20 MAY 2005
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 1240 of 2004
BETWEEN: MUSEUMS BOARD OF VICTORIA
Applicant
AND: RODNEY CARTER
Respondent
JUDGE: RYAN J
DATE OF ORDER: 20 MAY 2005
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The application stand over to date and time to be fixed for the making of orders in conformity with the reasons published this day. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 1240 of 2004
BETWEEN: MUSEUMS BOARD OF VICTORIA
Applicant
AND: RODNEY CARTER
Respondent
JUDGE: RYAN J
DATE: 20 MAY 2005
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 There is before the Court a third amended application by the Museums Board of Victoria ("the Museum") under s 5 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) ("the AD(JR) Act") for review of certain decisions of the respondent ("the Inspector") in his capacity as an inspector appointed under s 21R of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) ("the Act"). The decisions concerned were those to make successive emergency declarations under s 21C of the Act in respect of certain Aboriginal artefacts being two bark etchings dating from around 1854 and originating from Dja Dja Wurrung Country in the area around Boort, another bark etching dated from about the 1870's originating from Jupagalk Country in the Lake Tyrell area and a ceremonial emu figure made from river redgum and decorated with red and white ochres ("the ceremonial piece"). In these reasons I shall refer to the three etchings and the ceremonial piece collectively as "the objects." 2 The first emergency declaration made by the Inspector was dated 18 June 2004 and was confined to the three bark etchings. It was in these terms; 'SCHEDULE 2 Regulation 6 COMMONWEALTH OF AUSTRALIA EMERGENCY DECLARATION UNDER SUBSECTION 21C (1) OF THE ABORIGINAL AND TORRES STRAIT ISLANDER HERITAGE PROTECTION ACT 1984 I, Rodney Carter, an Inspector appointed under section 21 R of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984, after an application made to me by representatives of the Dja Dja Wurrung and Jupagalk peoples, hereby make under subsection 21C(1) of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 an Emergency Declaration in relation to three significant cultural heritage objects [see Annexures attached] as displayed in the exhibition Etched in Bark 1854 and as loaned by the British Museum to Museum Victoria specifically: 1. Two Dja Dja Wurrung Country smoke-blackened eucalyptus Bark Etchings of a Corroborree Scene and a Bark Etching of a Hunting Scene (cultural heritage objects) dated around 1854 from Boort. 2. One Jupagalk Country smoked Bark Etching of Aborigines and Settlers dated around 1870's from Lake Tyrrell. All three objects are exhibited in Museum Victoria, Carlton Gardens Carlton Victoria Australia. The declaration is intended to protect and preserve the three cultural heritage objects from further threats of injury and desecration by their removal from Museum Victoria to the British Museum without the written consent of the Traditional Owners, and is made subject to the following terms and conditions: TERMS AND CONDITIONS a. That the three cultural objects will continue to be displayed and/or secured at Museum Victoria under the direction of the Inspector in consultation with the relevant Traditional Owners by the Manager Bunjilaka Aboriginal Centre. b. That the State of Victoria and Museum Victoria will negotiate with Traditional Owners the Dja Dja Wurrung and Jupagalk Native Title Groups as to the future location of the three cultural heritage objects. c. That the British and Australian Governments negotiate the final repatriation of all Indigenous Australian Ancestral Human Remains and Grave Goods held without consent by various British institutions and privately for recovery, return and reburial by Australian Traditional Owners.' 3 Notification of the making of the first emergency declaration was given pursuant to s 21C(4) of the Act to the following groups, entities and persons; 'Dja Dja Wurrung Traditional Owners/Native Title Group c/o Native Title Services Victoria Limited
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