The Aboriginal Cultural Heritage Act 2003 is legislation passed by Queensland Parliament, commencing in April 2004 to recognise, protect and conserve Aboriginal cultural heritage in the State of Queensland A key feature of the Act is its creation of a new legal responsibility or statutory "duty of care" requiring all people across the State to respect, value and protect the State's Aboriginal cultural heritage, at risk of prosecution and substantial fines should they fail to take all reasonable and practical measures to ensure their activities do no damage

Background and history

The excavation of the Broadbeach Aboriginal burial ground in 1965, and the repatriation and reburial of the remains in 1988 played a significant role in the development of this Act, which was the state's first cultural heritage legislation, which culminated in this piece of legislation. The Aboriginal Relics Preservation Act 1967 was the first piece of legislation to protect Aboriginal archaeological sites. This was replaced by the Cultural Record (Landscapes Queensland and Queensland Estate) Act 1987, which was in turn replaced by the 2003 Act.

Overview

In proclaiming this statute, Queensland Parliament:

Definition of Cultural Heritage

The Act defines Aboriginal cultural heritage as being: A Minister who was responsible for implementing the Aboriginal Cultural Heritage Act 2003 (i.e. then Queensland Natural Resources and Water Minister Craig Wallace) gave example of the kinds of things he believes to be Aboriginal cultural heritage as follows: "Cultural Heritage relates to significant Aboriginal .. objects and places, or archaeological or historic evidence of indigenous occupation of an area ...These can be rock shelters, carved or scarred trees, engravings, paintings, shell middens, fish traps, grinding grooves, earth and stone arrangements and other artifacts."

Statutory "Duty of Care"

In proclaiming the Aboriginal Cultural Heritage Act 2003, Queensland Parliament intended to provide "blanket" statutory protection to ALL of Queensland's Aboriginal cultural heritage, irrespective of whether or not that heritage is known toland users. To achieve this end, Parliament created a formal, statutory "duty of care", by which anyone carrying out any activity on any land (including freehold) anywhere in Queensland is required by law to take: "..all reasonable and practicable measures to ensure their activity does not harm Aboriginal cultural heritage". The risk both individuals and corporations take should they fail to take care, and so damage Aboriginal cultural heritage (even secret or sacred heritage embedded into the landscape unknown to the land user), is legal prosecution (coordinated by Queensland Government's cultural heritage unit), and possible fines of up to A$75,000 for individuals, or A$750,000 for corporations.

Coverage

After 4½ years of heritage protection under the Aboriginal Cultural Heritage Act 2003, the Minister responsible for the Aboriginal Cultural Heritage Act 1993 announced: