Aboriginal Cultural Heritage Act 2003 (Qld)

Aboriginal Cultural Heritage Act 2003

An Act to make provision for Aboriginal cultural heritage, and for other purposes

Part 1 Preliminary

Division 1 Introduction

1 Short title This Act may be cited as the Aboriginal Cultural Heritage Act 2003.

2 Commencement This Act commences on a day to be fixed by proclamation.

3 Act binds all persons (1) This Act binds all persons including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States. (2) Nothing in this Act makes the State liable to be prosecuted for an offence.

Division 2 Purpose of Act

4 Main purpose of Act The main purpose of this Act is to provide effective recognition, protection and conservation of Aboriginal cultural heritage.

5 Principles underlying Act's main purpose The following fundamental principles underlie this Act's main purpose— (a) the recognition, protection and conservation of Aboriginal cultural heritage should be based on respect for Aboriginal knowledge, culture and traditional practices; (b) Aboriginal people should be recognised as the primary guardians, keepers and knowledge holders of Aboriginal cultural heritage; (c) it is important to respect, preserve and maintain knowledge, innovations and practices of Aboriginal communities and to promote understanding of Aboriginal cultural heritage; (d) activities involved in recognition, protection and conservation of Aboriginal cultural heritage are important because they allow Aboriginal people to reaffirm their obligations to 'law and country'; (e) there is a need to establish timely and efficient processes for the management of activities that may harm Aboriginal cultural heritage.

6 How main purpose of Act is to be achieved For achieving effective recognition, protection and conservation of Aboriginal cultural heritage, this Act provides for the following— (a) recognising Aboriginal ownership of Aboriginal human remains wherever held; (b) recognising Aboriginal ownership of Aboriginal cultural heritage of a secret or sacred nature held in State collections; (c) recognising Aboriginal ownership of Aboriginal cultural heritage that is lawfully taken away from an area by an Aboriginal party for the area; (d) establishing a duty of care for activities that may harm Aboriginal cultural heritage; (e) establishing powers of protection, investigation and enforcement; (f) establishing a database and a register for recording Aboriginal cultural heritage; (g) ensuring Aboriginal people are involved in processes for managing the recognition, protection and conservation of Aboriginal cultural heritage; (h) establishing a process for the comprehensive study of Aboriginal cultural heritage; (i) establishing processes for the timely and efficient management of activities to avoid or minimise harm to Aboriginal cultural heritage.