Aboriginal Heritage Act 1972 (WA)

Western Australia Aboriginal Heritage Act 1972 Western Australia Aboriginal Heritage Act 1972 Contents Part I — Preliminary 1. Short title 1 2. Commencement 1 4. Terms used in this Act 1 Part II — Application and traditional use 5. Application to places 1 6. Application to objects 1 7. Traditional use 1 8. Availability for traditional use 1 9. Traditional custodians 1 Part III — Administration 10. Duty of the Minister 1 11. Minister a body corporate 1 11A. Administration 1 13. Powers of delegation 1 14. Compensation on statutory vesting 1 Part IV — Protection of Aboriginal sites 15. Report of findings 1 16. Excavation of Aboriginal sites 1 17. Offences relating to Aboriginal sites 1 18. Consent to certain uses 1 18A. Premier may call in application to State Administrative Tribunal for review 1 18B. Change in ownership of land subject of s. 18 consent 1 19. Protected areas 1 20. Temporarily protected areas 1 21. Objection to declaration 1 22. Compensation and compulsory acquisition 1 23. Marking of protected areas 1 24. Notification of changes etc. 1 25. Variation of Orders in Council 1 26. Regulations as to protected areas 1 27. Covenants 1 Part 5 — Aboriginal Cultural Heritage Committee 28. Aboriginal Cultural Heritage Committee established 1 29. Composition of Committee 1 30. Procedures 1 31. Remuneration of members of Committee or subcommittee 1 32. Regulations about Committee 1 37. Registrar of Aboriginal Sites 1 38. Register of places and objects 1 39. Functions of the Committee 1 Part VI — Protection for Aboriginal objects 39A. Consultation between Minister and Trustees concerning administration of Part VI 1 39B. Minister may delegate to Trustees under Part VI 1 39C. Registrar may act on Minister's behalf 1 39D. Minister to consult with Committee 1 40. Aboriginal cultural material 1 41. Notification and production of objects 1 42. Retention by Minister 1 43. Restrictions on dealing with Aboriginal cultural material 1 44. Prices to be at local rates 1 45. Minister may purchase as agent 1 46. Vesting of objects and inquiries into origin 1 47. Compulsory acquisition of objects 1 48. Restriction on exhibition of objects 1 49. Prohibition on publication 1 Part VII — Enforcement 50. Honorary wardens 1 51. Powers of inspection 1 52. Power of officers to represent the Minister 1 53. Proceedings by the Minister 1 54. Persons obstructing execution of this Act 1 55. Breach of conditions 1 56. Secrecy 1 57. Penalties 1 58. Liability of officers for offence by body corporate 1 59. Forfeiture 1 60. Evidence 1 61. Presumption as to notices 1 62. Special defence of lack of knowledge 1 Part VIII — General 66. Authority to perform certain functions in relation to Crown land for purposes of this Act 1 67. Indemnity 1 67A. Fees regulations 1 68. Regulations 1 Part 9 — Transitional provisions for Aboriginal Heritage Legislation Amendment and Repeal Act 2023 69. Terms used 1 70. Application of Interpretation Act 1984 1 71. Transitional regulations 1 72. Abolition of bodies and appointment of members of Committee 1 73. Protected area orders 1 74. Previous consents under s. 18 1 75. Previous other authorisations, approvals and consents 1 76. ACH permits 1 77. ACH management plans 1 78. Marandoo Act area 1 79. Completion of certain things commenced 1 80. Orders etc. under 2021 Act cease to have effect 1 81. Information and documents on ACH Directory 1 82. Aboriginal ancestral remains 1 83. Secret or sacred objects 1 84. Offences 1 85. Dealing with seized things 1 86. Application of Criminal and Found Property Disposal Act 2006 1 87. Closure of accounts 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Aboriginal Heritage Act 1972 An Act to make provision for the preservation of places and objects customarily used by or traditional to the original inhabitants of Australia or their descendants, or associated therewith, and for other purposes incidental thereto. [Long title inserted: No. 27 of 2021 s. 341; amended: No. 23 of 2023 s. 10.]