Public consultation is now open on legislation to strike a better balance to both protect and manage Aboriginal heritage in Tasmania, while delivering important projects that create economic opportunity and jobs in our State.
This new legislation - which replaces the 1975 Act - puts Tasmanian Aboriginal people at the heart of decision making when it comes to heritage.
It also delivers a more contemporary framework that provides greater regulatory certainty and provides stronger and more flexible protection mechanisms for Aboriginal Heritage.
Minister for Aboriginal Affairs, Bridget Archer, said this draft Bill progresses our commitment to delivering a bill that meets the aspirations of Tasmanian Aboriginal people and the needs of the Tasmanian community.
"This is a matter of deep significance to Tasmanian Aboriginal people, and we recognise the importance of Tasmania's Aboriginal heritage to them and to all Tasmanians," the Minister said.
"The Government has been listening, and this Bill is the first part of a fresh conversation to address what we've heard.
"We believe these reforms strike the right balance, and we have invested significant time to get it right.
"It also provides greater certainty and clarity for business and industry by setting mandatory timeframes when it comes to gaining approvals, along with providing industries much clearer assessment requirements and approval processes.
"There will be an extensive consultation period, and we encourage all Tasmanian Aboriginal people to provide their feedback."
The draft Bill reflects previous and recent engagement with Tasmanian Aboriginal people and submissions from the broader community in earlier consultation rounds.
Key changes throughout the Bill:
- Explicitly recognises Tasmanian Aboriginal people as the custodians of their heritage and updates definitions.
- Expands the decision making power and advisory role of the Aboriginal Heritage Council.
- Provides for management plans to be prepared for more complex or higher risk projects.
- Introduces voluntary Aboriginal Heritage Agreements, a new instrument to protect, manage or rehabilitate Aboriginal heritage.
- Allows for clear, proportionate assessment and approval procedures to provide certainty and efficiency for landowners and developers.
- Defines new forms of Aboriginal heritage that may be registered, including recognising intangible heritage values associated with sites or objects.
- Introduces new oversight and enforcement mechanisms, including an audit system to reassess permitted activities and powers for the Minister to issue Protection Orders and Stop Work Orders.
- Provides for contemporary compliance and enforcement measures.
Regulations and Ministerial Guidelines will carry the operational details of the Bill and will be drafted concurrently with the introduction of the Bill to Parliament.
The Government has consulted extensively on the key elements of the new legislation since 2022, along with more extensive consultation in the past six months, and the draft Bill will reflect those elements broadly agreed.
In addition to the public consultation process, engagement with Tasmanian Aboriginal people and Aboriginal Community Controlled Organisations is ongoing and will help shape the final legislation, which will be introduced to Parliament later this year.
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