The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (the Act) allows the Federal Environment Minister to issue a declaration to protect a significant Aboriginal heritage area that is under threat of injury or desecration.
To date, five applications seeking such declarations have been received in relation to a specified area at Barrambin (Victoria Park) in Queensland, including one which was withdrawn.
This includes one application for a declaration under section 9 of the Act related to drilling and drilling related infrastructure within the proposed Olympic Stadium and National Aquatics Centre site.
I have considered the material provided by the applicant, proponent, and the Queensland Government in accordance with the Act.
In accordance with Federal cultural heritage law, I have decided not to make a declaration under section 9 of the Act. However, I have instructed my department to appoint an independent facilitator to work with the relevant parties.
This is intended to enable timely, ongoing and structured discussion between the interested parties, to support pragmatic options that protect cultural heritage.
The purpose of the dedicated facilitator will be to avoid harm to cultural heritage, and inform any future decisions relating to the specified areas.
This decision follows consultation with interested parties and acknowledges the area is of particular significance to the Turrbal and Yagara people in accordance with their traditions.
My department continues to assess the three applications seeking declarations under section 10 of the Act. The work that will be undertaken by the facilitator may inform my decisions on these applications, however it will not replace the process required under the Act.
