Department of Sustainability, Environment, Water, Population and Communities
Australian Heritage Council
Nominating Places to
the National Heritage List
A Guide for Indigenous Communities
Front and back cover photo credits
The Brewarrina Aboriginal Fish Traps (Baiame’s Ngunnhu), NSW
Vincent Lingiari OAM with the Prime Minister Gough Whitlam, NT - National Archives of Australia
The Dampier Archipelago (including Burrup Peninsula), WA - Melinda Brouwer
Willandra Lakes Region, NSW - John Houldsworth
Wilgie Mia Aboriginal Ochre Mine, WA - Yamatji Marlpa Aboriginal Corporation
Hermannsburg Historic Precinct, NT - Annie Crawford
The Cyprus Hellene Club–Australian Hall, NSW - State Library of NSW
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without prior written permission from the Department of Sustainability, Environment, Water, Population and Communities. All data
included in this document are presumed to be correct as received from data providers. No responsibility is taken by the
Commonwealth
for errors or omissions, and the Commonwealth does not accept responsibility in respect to any information or advice given in relation
to, or as a consequence of anything contained therein.
© Commonwealth of Australia 2012
The Australian Heritage Council acknowledges the traditional owners and custodians of all of
Australia’s national heritage places and their continuing connection to land, sea and community. We pay our respect to them and their culture, and
to their elders both past and present.
Nominating Places to the National Heritage
List
A Guide for Indigenous Communities
What Is The National Heritage List?
What Is The National Heritage List?Table of Contents
Map of National Heritage Listed Places for Indigenous Values 2
Introduction 3
What is Heritage? 4
What is the National Heritage List? 5
What is Indigenous Heritage? 6
Important Information About Nominating a Place for the National Heritage List7
Understanding Nomination Language 8
Nominating a Place for the National Heritage List 13
What happens after you have Nominated a Place? 15
A Place on the National Heritage List 17
National Heritage Criteria Section 18
Alternative Methods of Recognition and Protection Section 30
Heritage Contacts Section 32
Map of National Heritage Listed
Places for Indigenous Values
At June 2012
2
Introduction
This Guide for Indigenous communities is a snapshot of the NationalHeritage List and provides important information about the nomination process to include a place on the National Heritage List.
The Guide aims to help communities understand
some of the language used in a nomination for
the National Heritage List. It is important everyone
understands this language.
It also provides information about other options
available to protect a heritage place and have it
recognised if national heritage listing isn’t the best
option for your place.
If you would like more information about the National
Heritage List nomination process or additional copies
of this Guide feel free to contact the Australian
Government environment department.
Phone number: 1800 803 772
Email: [email protected]
Mail: Community Information Unit
Department of Sustainability, Environment,
Water, Population and Communities
GPO Box 787, Canberra ACT 2601
On 20 July 2004, the Gunditjmara traditional owners celebrated Australia’s first place on the National Heritage List – the Budj Bim National Heritage Landscape – Mt Eccles Lake Condah Area in far south west Victoria (Photo: Gunditj Mirring Traditional Owners Aboriginal Corporation).
3
What is Heritage?
Heritage includes the places, traditions, events and experiences that we treasure and want to pass on to future generations.
Heritage is important to the Australian community
because it tells the stories of our past, of our
nation’s development, our spirit and our unique
living landscapes.
By identifying our heritage we can protect, manage
and conserve our culture, ensuring that our nation’s
heritage will continue to be enjoyed by future
generations.
There are a number of ways the heritage of a
place can be protected and recognised. In
Australia
there are five main types of heritage lists – World,
National, Commonwealth, state/territory and local.
The Australian Government maintains the World,
National and Commonwealth Heritage Lists.
Most of Australia’s state and territory governments
maintain lists or registers of recorded Indigenous
heritage places that are protected under state
and territory laws. Heritage places that may have
Indigenous values can also be listed on non–
Indigenous local and state heritage registers.
See the Alternative Methods of Recognition and
Protection section for more information on other
ways to recognise and protect your place.
It may be useful to talk with Australian,
state/territory or local government agencies.
These agencies have heritage officers who can
give you advice. See the Heritage Contacts
section at the back of this Guide.
4
What is the National Heritage List?
The National Heritage List is made up of the places and stories that are recognised to have outstanding heritage value to the nation – these places are important to all Australians, today and into the future.
To be included on the National Heritage List a
place must be one of the best examples of its
type when compared to other similar places in
Australia.
Places can be listed for their Indigenous, natural or
historic heritage values, or a combination of these.
The entry level or threshold of outstanding
heritage value to the nation for a place to be
added to the National Heritage List is very high.
The boundaries of a nominated place are
determined once the heritage values are known.
It is the heritage values of a place on the National
Heritage List that are protected under Australia’s
national environmental law – the Environment
Protection and Biodiversity Act 1999 (EPBC Act). Any
action that is likely to have a significant impact on the
heritage values of a place requires the approval of
the Australian Government environment minister.
National heritage listing does not affect native title
rights, change land tenure, access or ownership.
There are currently 97 places from around Australia
on the National Heritage List.
5
What is Indigenous Heritage?
Aboriginal and Torres Strait Islander culture is an important part of Australia’s history and heritage.
Indigenous heritage places tell stories of the
continuous links between Indigenous people and their
country. Indigenous heritage exists throughout the
lands and waters of Australia and all aspects of
country are important to Indigenous people as part of
their cultural heritage.
Witjira–Dalhousie Springs was included on the National Heritage List on 4 August 2009 for outstanding heritage value for being an integral part of Aboriginal tradition and life in northern South Australia. There is evidence of large camp sites found at the springs, some thousands of square metres in size and vast numbers of stone artefacts. It is the beginning of an exceptionally large number of traditional song lines and story lines in the Witjira National Park. (Photo: Yvonne Webster)
Indigenous heritage places can commemorate
important events such as the Day of Mourning
Protest that took place in the Cyprus Hellene Club –
Australian Hall in Sydney on Australia Day in 1938,
or the Myall Creek Massacre and Memorial Site
near Bingara in northern New South Wales.
The Cyprus Hellene Club–Australian Hall in NSW was included on the National Heritage List on 20 May 2008 because it was the place where the first national Indigenous protest action was held on the Day of Mourning, Australia Day 1938. (Photo: State Library of New South Wales).
Archaeology can also be a significant part of our
heritage as it provides evidence of how Indigenous
people survived and adapted to changing climates
and landscapes, the tools and technologies they
invented, and how people interacted with each other.
6
Important Information About
Nominating a Place for the National Heritage
List
This section provides important information and explains the nomination process for national heritage listing.
Everyone should know this information before
deciding to nominate a place to the National
Heritage List.
Nominations to the National Heritage List and
assessment of a nomination are legal processes
that can be complex, involves many steps and
takes time – it could take up to five years.
Anyone can nominate a place to the National
Heritage List but it is important that community
elders, other traditional owners and community
members support and agree that the National
Heritage List is the most suitable type of
protection for your place.
Once a nomination is made, the key people who
will assess a nomination are the Australian Heritage
Council the Australian Government’s key advisers
on national heritage matters. The Australian
Government’s environment department assist the
Minister and the Council.
If a nomination is assessed by the Australian
Heritage Council, by law they must inform the
public and ask for comments from landowners,
occupiers and Indigenous people with rights or
interests in the nominated place.
The Brewarrina Aboriginal Fish Traps (Baiame’s Ngunnhu) in NSW was included on the National Heritage List on 3 June 2005 because the place provides evidence of a sophisticated understanding by Aboriginal people of engineering, physics, the land and its natural resources.
7
Understanding Nomination Language
In the nomination form there is technical language, terms such asvalues, thresholds, criteria, comparative analysis, condition and authenticity that you need to understand.
These terms are important, as this is how you are
asked to describe your nominated place, to show
how your place has outstanding heritage value
to the nation.
ValuesValues are the qualities of a place that make it
special; they are the unique characteristics that
show why a place is important to all Australians.
Places can be listed for their Indigenous, natural or
historic heritage values, or a combination of these.
ThresholdsA threshold is the level of importance a
heritage value must reach to be included on
the National Heritage List.
The threshold for the National Heritage List is that
places and their stories must have outstanding
heritage value to the nation. The values must be
so special that they are considered to be
important to everyone in Australia.
This threshold is very high and fewer places are
included on the National Heritage List than those places on
state/territory or local heritage lists or registers.
The Brewarrina Aboriginal Fish Traps (Baiame’s Ngunnhu)in NSW is nearly half a kilometre long and consists of a series of dry-stone weirs and ponds arranged in the form of a net across the Barwon River. The size, design and complexity of the Ngunnhu is exceptionally rare in Australia. (Photo: Michael Lindquist)
Condition
Condition (also known as integrity) means how
well a place has been cared for and what
state of repair it is currently in. The condition of
a place can be an important consideration for
the Australian Heritage Council when they
assess the heritage significance of a nominated
place.
8
The ability of the nominated place to show
outstanding heritage value to the nation sometimes
depends on its condition. If a place has not been
cared for over a long period of time some of its
heritage values may have disappeared or are in
danger of disappearing.
AuthenticityAuthenticity means that a heritage place is the
real thing and hasn’t been re–created. This can
be an important consideration for some types of
values, such as where an important event took
place, or
is one of the last of its kind, or is important to the
scientific community, or is one of the best
examples of a type of place or building.
Authenticity of a heritage value can sometimes
be demonstrated through historical documents,
scientific research and archaeological material.
It can also be shown through stories that have been
handed down through the generations. If community
has been looking after, or have known about a place
for many generations, then the authenticity of a
place is obvious and undisputed.
The Myall Creek Massacre and Memorial site in NSW was included on the National Heritage List on 7 June 2008 because the massacre is the last time a colonial administration intervened to ensure the laws of the colony were applied equally to Aboriginal people and settlers involved in frontier killings. (Photo: Mark Mohell)
9
CriteriaCriteria are a set of standards or categories used
to describe why a place is of outstanding heritage
value to the nation.
The criteria help to explain the reasons why the
community think a place should be included on the
National Heritage List. In writing your nomination
you will need to explain why the place meets one
or more of the criteria.
A nominated place only needs to meet the high
threshold of outstanding heritage value to the
nation against one of the criteria for it to be
considered special and important enough to be on
the National Heritage List. It is better to make a strong
case against one of the criteria than a weaker case
against many.
The nine criteria for a nomination are:
a. The place has outstanding heritage value to the nation because of the place’s importance
in the course, or pattern, of Australia’s natural
or cultural history.
This means that a place has played an important
part in developing who we are as a nation.
b. The place has outstanding heritage value to the nation because of the place’s possession
of uncommon, rare or endangered aspects of
Australia’s natural or cultural history.
This means that a place is unusual or one of
the last of its type.
c. The place has outstanding heritage value to the nation because of the place’s potential to
yield information that will contribute to an
understanding
of Australia’s natural or cultural history.
This means that a place has the potential to
provide important information to better
understand Australia’s history or culture.
d. The place has outstanding heritage value to the nation because of the place’s importance
in demonstrating the principal characteristics of:
i. a class of Australia’s natural or cultural
places; or
ii. a class of Australia’s natural or cultural
environments.
This means that a place is one of the
best examples of a type of either a natural
or cultural place or environment.
e. The place has outstanding heritage value to the nation because of the place’s importance
in exhibiting particular aesthetic characteristics
valued by a community or cultural group.
This means that a place is important because a
community thinks it is beautiful.
f. The place has outstanding heritage value to the nation because of the place’s importance
in demonstrating a high degree of creative or
technical achievement at a particular period.
This means that a place shows that people have
created an important and successful new idea
or technology.
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g. The place has outstanding heritage value to the nation because of the place’s strong or
special association with a particular community or
cultural group for social, cultural or spiritual
reasons.
This means that a place is important to a
community or cultural group for social, cultural or
spiritual reasons.
h. The place has outstanding heritage value to the nation because of the place’s special
association with the life or works of a person, or
group of persons, of importance in Australia’s
natural or cultural history.
This means that a place is associated with
someone who was or is very important in
the development of Australia’s history.
i. The place has outstanding heritagevalue to the nation because of the
place’s importance as part of Indigenous
tradition.
The criterion ‘importance as part of Indigenous
tradition’ can only be used for places which
are important as part of Aboriginal and Torres
Strait Islander tradition.
The cultural aspect of the criteria means the
Indigenous cultural aspect, the non–Indigenous
cultural aspect or both.
A detailed explanation of the criteria is in the
National Heritage List Criteria section of this Guide.
Comparative AnalysisIn a nomination it is important to understand and explain why the place you want to nominate forthe National Heritage List is important to the nation when compared to similar places. This is called comparative analysis and is central to a successful
National Heritage List nomination.
The Hermannsburg Historic Precinct in the Northern Territory was included on the National Heritage List on 13 April 2006. Hermannsburg was established in 1877 as a religious mission for Aboriginal people. It is the last surviving mission developed by the Hermannsburg Missionary Society, and reflected the changing policies towards Aboriginal people. Hermannsburg was also the home of acclaimed Aboriginal artist Albert Namatjira. (Photo: Annie Crawford)
To decide if a place meets the high threshold ofoutstanding heritage value to the nation, itmust be compared with other similar places around Australia to see if the place is truly “outstanding”. You need to show why your nominated place is one of the most important unique or unusual places of its type.
A nomination is more likely to go to the next step– assessment, if it contains a detailed and realistic comparative analysis. The claims in a nomination, particularly the comparative analysis, must be based on evidence. It is not sufficient to simply state that your nominated place is special.
Comparative analysis can be difficult for some types
of Indigenous places. For example a place that has
been nominated for its association with Indigenous
tradition will need to be compared with places that
represent similar traditions around Australia.
11
The Dampier Archipelago (including Burrup Peninsula) in Western Australia was included on the National Heritage List on 3 July 2007 because the place comprises one of the largest concentrations of rock engravings, standing stones and other stone arrangements in Australia. While other similar features exist in places throughout Australia,when viewed collectively, the Dampier Archipelago (including Burrup Peninsula) emerges as the most extensive collection of engravings. (Photo: Melinda Brauwer)
A nomination must show how your
nominated place compares with similar
places and explain why your place might
represent a part of Australia’s story better
than the place you are comparing it with.
When comparing similar places the following
questions should be considered:
• How many other places like this are there in Australia?
• Is the place one of the best examples in Australia?
• Does the place provide new information that cannot be found at other similar places?
• What makes it different from other places?
Places for comparison can be found on
national, state/territory and local government
heritage lists or registers, the Australian
Heritage Places Inventory, and in heritage
reports, such as heritage assessments and
cultural heritage surveys. See Heritage
Contacts section at the back of this Guide.
If you think your nominated place doesn’t stand out
above other similar places across Australia, you
might decide that the National Heritage List is not
the best way to recognise or protect your place.
This does not mean the place is not significant or
important. Remember the threshold is very high for
the National Heritage List. The values must be so
special that they are considered to be important to
everyone in Australia.
There are other ways you can protect your place.
Most of Australia’s states and territory governments
maintain lists or registers of recorded Indigenous
heritage places that are special at the local or
regional level and are protected under state and
territory laws. Heritage places that may have
Indigenous values might also be listed on non–
Indigenous state and local heritage registers. For
more information see the Alternative Methods of
Recognition and Protection section.
12
Nominating a Place for
the National Heritage List
So you’ve decided that you want to nominate your place to the National Heritage List. What do you do now?
You should always talk to people, including elders
in the community, about the place you want to
nominate as it is important that the community
supports nominating a place to the National
Heritage List.
While national heritage listing does not affect native
title rights, or change land tenure, access or
ownership, it is important to talk with all Indigenous
people with rights and interests in the place you
want to nominate, to consider their views and
concerns, before you start writing your nomination.
Anyone can nominate a place to the National
Heritage List, but it is important that community
elders, other traditional owners and community
members support and agree national heritage listing
is the most suitable type of protection or
recognition of your place.
Seeking the views of non–Indigenous owners and
occupiers before beginning a nomination is also
advised. Sometimes, for various reasons,
not everyone will agree on a National Heritage List
nomination, but it is advisable that a nomination
has
wider community support.
If the community have agreed and
support writing a nomination for a place
to be included on the National Heritage
List, you will need to obtain a full
nomination kit.
You can request a nomination kit by writing to:
The Nominations Manager
Heritage and Wildlife Division
Department of Sustainability,
Environment, Water, Population
and Communities
GPO Box 787
CANBERRA ACT 2601
or phone 1800 803 772, or go to the Australian
Government environment department’s website:
http://environment.gov.au/heritage/nominating/in
dex.html
A nomination can be provided at any time but the
Australian Government’s environment minister calls
for and considers nominations only once a year.
Based on the information in a nomination, it is
the Minister who decides which nominations the
Australian Heritage Council will assess.
13
Remember:
• A nomination and its assessment are legal
processes, that can be complex, involves
many steps and takes time – it could take up
to five years.
• You need to show through the criteria how
your place meets the threshold of outstanding
heritage value to the nation. Use the criteria
to provide a detailed explanation about why
you think your place should be included on the
National Heritage List.
• A nominated place only needs to meet the
high threshold of outstanding heritage value
to the nation against one of the criteria for it to
be
considered special and important enough to
be on the National Heritage List. It is better
to make a strong case against one of the
criteria than a weaker case against many.
• The nomination needs to show a
detailed comparative analysis
against similar places elsewhere in
Australia. It is not sufficient to
simply state that your nominated
place is special.
• You must also include information
on the history and condition of your
nominated place.
• Attach any letters of support from
the community for your nomination.
It is important that you provide all
the information the community is willing
to share for the Australian Environment
Minister and the Australian Heritage
Council to consider in their more
detailed assessment of your nomination.
14
What happens after you have
Nominated a Place?
After a nomination is received, the Australian Government environment minister decides which nominations will be assessed by the Australian Heritage Council, the Australian Government’s key adviser on national heritage matters.
The Australian Heritage Council may take up to five
years to research and assess a nomination.
In assessing a nomination, the Australian
Heritage Council:
• Will test the nomination to see if the
nominated place may have Indigenous, natural
or historic heritage values (or a combination of
these) of outstanding heritage value to the
nation.
• May want to talk with the community to
collect further information.
• By law, must inform the public about the
assessment and ask for comments from
landowners, occupiers and Indigenous people with
rights or interests in the nominated place, during
the assessment process.
The Willandra Lakes Region in far south western NSW was included on the National Heritage List on 21 May 2007 because it is an extensive area that contains a system of ancient lakes formed over the last two million years. Aboriginal people lived on the shores of the lakes for at least 50,000 years, and the remains of a 40,000 year old female found in the dunes of Lake Mungo are believed to be the oldest ritual cremation site in the world. (Photo: John
Houldsworth)
15
Once the Australian Heritage Council completes its
assessment of a nomination, they advise the Minister
whether the nominated place reaches the threshold
of outstanding heritage value to the nation
against one or more of the national heritage criteria.
Before making the final listing decision, the
Minister must consider all comments received,
including comments from the Australian Heritage
Council, landowners, occupiers and Indigenous
people with rights or interests. The Minister may
also take into account the social or economic
impact of including a place on the National
Heritage List.
It is the Australian Government’s Environment
Minister who makes the final decision for a place to
be included on the National Heritage List.
Unsuccessful NominationsIf a nomination is unsuccessful and will not be
assessed by the Australian Heritage Council
within two years of its submission, the nomination
will lapse. You will then be informed if your
nomination has been unsuccessful.
You could consider submitting a new nomination
with more information or look into other options for
your place to be recognised and protected through
local, state or territory laws. See the Alternative
Methods of Recognition and Protection section at
the back of this Guide.
16
A Place on the National Heritage List
Once the Minister decides to include your nominated place on the National Heritage List, you will be notified.
It is the heritage values of a place on the
National Heritage List that are protected under
Australia’s national environmental law – the
Environment Protection and Biodiversity Act 1999
(EPBC
Act). Any action that is likely to have a significant
impact on the national heritage values of a place
requires the approval of the Australian Government
Environment Minister.
National heritage listing does not affect native title
rights, change land tenure, access or ownership.
A place on the National Heritage List brings
responsibilities to the community, which may
include:
• Assisting to develop plans to manage the
heritage values of the listed place.
• Considering the impact of future activity on the
heritage values of a listed place. Economic
or development activities may continue on a listed
place but any action that is likely to have a significant
impact on the heritage values of a place requires the
approval of the Australian Government environment
minister.
The benefits to the community of a place being
included on the National Heritage List may include:
• Protection of the national heritage values of
a place under the EPBC Act.
• Increase in recognition and appreciation of
a heritage place.
• The wider Australian community recognising
the importance of Indigenous heritage to the
national story.
• Opportunities for cultural tourism and ecotourism.
To help the community manage a place on the National Heritage List, the Australian Government’s Indigenous Heritage Program is a competitive annual grants program which funds cultural heritage surveys, archaeological assessments and the recording of heritage values and condition.
The program may fund work for national heritage listed places such as conservation management plans and works to help protect the identified values – see the Heritage Contacts section at the back of this Guide.
17
National Heritage Criteria Section
This section provides more detail about each of the nine national heritage criteria.
Criteria are a set of standards or categories used
to describe why a place is of outstanding heritage
value to the nation.
The criteria help to explain the reasons why the
community think a place should be included on the
National Heritage List. In writing your nomination
you will need to explain why the place meets one
or more of the criteria.
A nominated place only needs to meet the high
threshold of outstanding heritage value to the
nation against one of the criteria for it to be
considered special and important enough to be on
the National Heritage List. Meeting more than one of
the criteria
does not necessarily make a stronger case.
Criterion (a)The place has outstanding heritage value to the nation because of the place’s importance in the course, or pattern, of Australia’s natural or cultural history.
This criterion should be used for places that
represent or are connected to important events and
processes in Australia’s history. The event must
have been significant and led to important
changes to Australia’s political, economic, or social
fabric
or to important developments in its natural or
cultural history. The event may have lasted a
short time or may have extended over a number
of years. This can be a place that demonstrates
a characteristic way people lived or live and the
things they left behind. The place should be the
best example of that way of life. This criterion
can be applied to a place, a series of places or
an area of country. There are three different ways
Indigenous places can fit this criterion. These are
places that best:
1. represent different periods of Australia’s
Indigenous history;
2. show a particular way of life important in one or
more periods of the history of Indigenous Australia;
3. mark a change in the course of Indigenous
history in Australia.
18
1. Places that best represent different periods
of Australia’s Indigenous history.
This can include places that showcase particular
Indigenous economies around Australia,
trade routes, social and political
networks and relationships with people
from neighbouring areas or islands,
including places that best demonstrate:
• aspects of Indigenous ways of life typical of one or more periods in Indigenous history;
• Indigenous economic processes, including trade, during one or more times in the past;
• relationships with neighbouring areas, islands or new people.
Mount William Stone Axe Quarry in central Victoria was included on the National Heritage List on 25 February 2008. Greenstone Axe Blanks were a major trading resource for the Wurundjeri people in Victoria and traded over a widearea of south–east Australia. (Photo: Mark Mohell)
2. Places that best show a particular way of life.
This includes places that best demonstrate a
particular part of Indigenous culture and/or history
that is common in Australia and is important in
one or more periods of the history of Indigenous
Australia. This type of place is important in the
history of Indigenous Australia because the features
of the place best demonstrate:
• one or more important economic, political or social process in the history of Indigenous Australia;
• aspects of ceremonies practiced, or beliefs held, by Indigenous people.
The Budj Bim Heritage Landscape in south west Victoria was included on the National Heritage List on 20 July 2004.The place provides evidence of an aquaculture system and the lifestyle, including stone eel traps and channels, including stone house sites and smoking trees which tells the story of how the Gunditjmara community developed an economy to grow and harvest eels and fish.
19
3. Places that mark a change in the course of
Indigenous history in Australia.
The place may represent the development of new
laws, institutions, ways of life or places that
represent a turning point in the history of Indigenous
Australia including:
• a change in policy or approach developed by, or applied to, Indigenous Australians;
• a protest or other action associated with a change in the treatment of Indigenous Australians;
• a protest or action commemorated throughout Australia.
The Myall Creek Massacre and Memorial site near Bingara in NSW was included on the National Heritage List on 7June, 2008 because the massacre event in 1838 represents a change in Australia’s cultural history. It is the last time the colonial administration intervened to ensure the laws of the colony were applied equally to Aboriginal people and settlers involved in frontier killings. (Photo: Mark Mohell)
Criterion (b)The place has outstanding heritage value to the nation because of the place’s possession of uncommon, rare or endangered aspects of Australia’s natural or cultural history.
This criterion applies to places that possess
uncommon, rare, or endangered aspects of
Australia’s history that is of national significance to
Australia. This criterion covers places that show
Indigenous ways of life, customs, processes, land–
uses, functions or designs that were uncommon or
are a rare example of a place that was once more
common. Not all uncommon or rare places will be
included on the National Heritage List. Like other
criteria you must be able to show that the place
also has ‘outstanding heritage value to the
nation.’
The Brewarrina Aboriginal Fish Traps (Baiame’s Ngunnhuis is a rare dry-stone fish trap located on a large river system nearly half a kilometre long and consist of a series of dry-stone weirs and ponds arranged in the form of a net across the Barwon River. The Ngunnhu features a very complex design that exploits an unusual location. The size, design and complexity of the Ngunnhu is exceptionally rare in Australia. (Photo: Michael Lindquist).
20
Criterion (c)The place has outstanding heritage value to the nation because of the place’s potential to yield information that will contribute to an understanding of Australia’s natural or cultural history.
This criterion applies generally to places with the
potential to provide important information about
Australia’s Indigenous history and culture. For a
place to meet this criterion there must be real
evidence or proven potential that further nationally
significant information can be gained from the
place. If there has already been a significant
amount of information collected about the place it
may not have potential to provide any further
information so would not meet the threshold for this
criterion.
This criterion covers places that have a clear
potential to produce important information that
would improve our understanding of:
• one or more periods in the history ofIndigenous Australians;
• ways of life or cultures characteristic ofIndigenous Australians.
The Ningaloo Coast, located on the remote western coast of Australia, was included on the National Heritage List on6 January 2010. The Ningaloo Coast has the potential to provide insights into Aboriginal people use of marine resources between 12,000 and 26, 000 years ago. To date, only a handful of the caves and rock shelters in the region have yet been studied (Photo: Tony Howard)
Criterion (d)The place has outstanding heritage value to the nation because of the place’s importance in demonstrating the principal characteristics of:i. a class of Australia’s natural or cultural
places; orii. a class of Australia’s natural or
cultural environments.
This criterion applies to places that are the best
example of a class of place or environment.
There are four different ways places can fit this
criterion.
1. A way of life important in the history of
Indigenous Australia;
2. An industrial or technological process important
in the history of Indigenous Australia;
21
3. A particular design or style important in
the history of Indigenous Australia;
4. A type of land and sea use important in
the history of Indigenous Australia.
1. Places that are the best example of a way
of life.
This includes places that have all of the features
(or the main features) of a particular way of life
that is important in the history of Indigenous
Australia. This includes places that have the main
features of common site types such as
occupation sites and ceremonial places that
demonstrate the way Indigenous people live.
Witjira–Dalhousie Springs was included on the National Heritage List on 4 August 2009 for its outstanding heritage value for being an integral part of Aboriginal tradition and life in northern South Australia. It is the beginning of an exceptionally large number of traditional song lines and story lines in the Witjira National Park. (Photo: Yvonne Webster)
2. Places that are the best example of an
industrial or technological process.
This includes places that have all of the features (or
the main features) of an industrial or technological
process that is important in the history of Indigenous
Australia. Places that show industrial or technological
processes include Indigenous mines, quarries or
places where plant or other resources were
processed.
3. Places that are the best example of a
particular design or style.
This includes places that have all of the features (or
the main features) of a design or style that is
important in the history of Indigenous Australia.
This could include places that best represent a
type of art, settlement or landscape.
The Hermannsburg Historic Precinct in the Northern Territory was included on the National Heritage List on 13 April 2006. It is the last surviving mission developed by the Hermannsburg Missionary Society. The precinct illustrates some of the common themes of Aboriginal mission life in the late 1800s and early 1900s.
4. Places that are the best example of a type
of land or sea use.
This includes places that have all of the features
(or the main features) of a particular land or sea
use that is important in the history of Indigenous
Australia. This could include places that best
illustrate ways Indigenous people influenced, related
to and managed their environment, or moved
across the landscape.
22
The Dampier Archipelago (including Burrup Peninsula) in Western Australia was included on the National Heritage List on 3 July 2007 because the place comprises one of the largest concentrations of rock engravings, standing stones and other stone arrangements in Australia. (Photo: Dragi Markovic)
Criterion (e)The place has outstanding heritage value to the nation because of the place’s importance in exhibiting particular aesthetic characteristics valued by a community or cultural group.
In this criterion ‘aesthetic’ means that the place
has a sense of beauty. It is people’s reaction to
the place which creates the aesthetic value; the
place should inspire or move people. Places with
spectacular views or vistas, spectacular natural
features, rock art or stone arrangements could fit
under this criterion.
For a place to meet threshold for this criterion there
must be evidence that the Indigenous community
considers the place to be particularly beautiful
and outstanding in comparison to other similar
places. To date, no place has been included on
the National Heritage List for this type of Indigenous
heritage value.
Criterion (f)The place has outstanding heritage value to the nation because of the place’s importance in demonstrating a high degree of creative or technical achievement at a particular period.
This criterion applies generally to places that illustrate
a high degree of creative or technical achievement.
The places may show innovation or creative
adaptation in art, engineering, architecture, design,
landscape design, construction, manufacture,
craftsmanship or some other technical field. There
are three different ways places can fit this criterion.
Places that show a high degree of:
1. achievement in design, art, or craftsmanship;
2. ingenuity or innovative use of material;
3. achievement in combining built features into a
natural landscape to achieve a productive or
aesthetic purpose.
23
1. Places that show a high degree of
achievement in design, art, or craftsmanship.
Places that fit in this type may include images
(including rock art), built features, or a landscape
that has been modified.
The rock engravings in the Dampier Archipelago (including Burrup Peninsula) in Western Australia show exceptional creative diversity and include detailed and finely executed examples of water birds, crabs, crayfish, kangaroos, turtles and fish, some of which, because of their detail, can be identified to species level. (Photo: Dragi Markovic)
2. Places that show a high degree of ingenuity
or innovative use of material.
This could include places that show clever or
innovative resource extraction and processing sites
ranging from mines and quarries to places that
show processing of toxic plants.
The Sacred Heart Church at Beagle Bay Mission
in the West Kimberley (WA) has a high degree
of creative and technical achievement in the use
of pearl shell and other locally sourced media to
decorate the interior, combining western religious
and Aboriginal motifs.
Built in a remote location from locally sourced
material, the Sacred Heart Church at Beagle
Bay mission is a testimony to the ingenuity and
resourcefulness of the Pallottine brothers and
the Aboriginal residents of the mission who built
and decorated it. The use of pearl and other
shells to decorate the interior of the church,
particularly the sanctuary, demonstrates a high
degree of artistic excellence and technical skill.
The place continues to be highly valued by the
Beagle Bay Aboriginal community today because
of the considerable Aboriginal involvement in its
construction and decoration.
The Beagle Bay Sacred Heart Church, part of the national heritage listed place of the west Kimberley of Western Australia, has pearl shell inlays which represent Aboriginal and Christian symbols. (Photo: Andrew Tatnell)
3. Places that show a high degree of
achievement in combining built features into a
natural landscape to achieve a productive or
aesthetic purpose.
This could include places where material has been
deposited or arranged in the landscape to extract
and process resources or has been created to
represent pictures or symbols.
24
The Budj Bim National Heritage Landscape – Mt Eccles Lake Condah Area in south west Victoria provides evidence of an eel trap system, an excellent example of a creativeachievement that is a combination of natural and built features. (Photo: John Baker).
Criterion (g)The place has outstanding heritage value to the nation because of theplace’s strong or special association with a particular community or cultural group for social, cultural or spiritual reasons.
The cultural aspect of the criterion means the
Indigenous cultural aspect, the non–Indigenous
cultural aspect or both.
This criterion applies to places to which a
community or cultural group shows a strong or
special attachment at the national level and
includes religious or spiritual places, mythological
places, or places important in establishing and
maintaining group identity. The place has to be
important because of the community’s or group’s
attachment to the place that is outstanding in
comparison to others valued by Indigenous
communities.
Communities may be any group of people whose
members share a locality, government, or cultural
background. They can be locally based, regional,
metropolitan or national groups, but should be a
recognised community.
The Cyprus Hellene Club–Australian Hall in NSW was included on the National Heritage List on 20 May 2008 because many Indigenous people today still have a strong or special association with the Cyprus Hellene Club – Australia Hall in Sydney for its role in the Day of Mourning Protest. (Photo: State Library of NSW)
Criterion (h)The place has outstanding heritage value to the nation because of the place’s special association with the life or works of a person, or group of persons,of importance in Australia’s natural or cultural history.
This criterion applies to places associated with
significant people. While this criterion is about
recognising important people in Australia’s
history, there must be a strong link between the
important person/group and the nominated place.
To reach threshold for this criterion, the person
or group must be of demonstrated importance in
Australia’s cultural history.
25
While that person may be connected with a number
of places, the nominated place should be the one
the person is most strongly associated with. This
can be demonstrated where the place has had a
strong effect on their beliefs, profession, practices
or events. It may also include places associated
with the major achievements of important people.
There are two different ways places can fit this
criterion. The place:
1. has strongly influenced the life of a nationally
recognised person or group;
2. is identified as the place where the major
achievements of a nationally recognised person
or group occurred.
1. The place has strongly influenced the life of
a nationally recognised person or group.
The place must be significant for its association with
a person or group of people of national
importance.
The Wave Hill walk–off route in the Northern Territory was included on the National Heritage List on 9 August 2007. The route is associated with the work of Vincent Lingiari, who combined leadership on industrial issues with high authority in Aboriginal tradition and dignity in impoverished circumstances. On 15 August 1975 the Gurindji became the first Aboriginal community to have land returned to them by the Commonwealth Government. (Photo: National Archives of Australia)
2. The major achievements of a nationally
recognised person or group occurred at
this place.
The place must be associated with the work or
major achievement of a person or group of people
of national importance.
Heritage StoryThe West Kimberley was included on the National Heritage List on 31 August 2011. The place has outstanding heritage value to the nation for its association with Jandamarra, whose campaign of resistance was unprecedented in Australian history,as was the ferocity of the police and settler response. The late timing of the settlement and the impenetrable nature of the Devonian Reef helped create the man and the legend of Jandamarra – a man broughtup in two worlds, whose detailed knowledge of
European methods to contain Aboriginal resistance
and his capacity to pass those skills on to his
Bunuba countrymen and women, severely threatened
the colonising project.
While Jandamarra did not act alone, his abilities
to disappear and avoid capture, and to appear to
even cheat death itself, made him a much feared
adversary to Europeans and a powerful leader
amongst his own people.
26
Criterion (i)The place has outstanding heritage value to the nation because of the place’s importance as part of Indigenous traditions.
The criterion ‘importance as part of Indigenous
tradition’ can only be used for places which are
important as part of Aboriginal and Torres Strait
Islander tradition. However Aboriginal and Torres
Strait Islander heritage places do not have to be
nominated for this criterion. An Aboriginal or
Torres Strait Islander heritage place can be
important under any of the nine criteria from (a) to
(i).
This criterion applies to places that are important
as part of Indigenous tradition. For the National
Heritage List, Indigenous tradition is defined as
‘the body of traditions, observances, customs
and beliefs of Indigenous persons generally or of
a particular group of Indigenous persons’. This is
the handing down from generation to generation,
especially by word of mouth or by practice. It is
recognised that Indigenous traditions are living and
dynamic – they adapt and develop through time.
To reach the threshold for this criterion, a place
must be part of an Indigenous tradition and there
must be something about the tradition that makes it
unusual or exemplary at the national level. Like the
otherNational Heritage List criterion a comparative
analysis with other similar places will be done to
determine if the place is nationally outstanding,
however given the nature of Indigenous traditions
comparative analyses may not always be
appropriate.
In some cases there may not be enough
information about the Indigenous traditions
associated with a place to decide whether it is of
‘outstanding heritage value to the nation.’ This
does not mean that the place is not important as
part of Indigenous tradition, just that it does not
reach the very high National Heritage List threshold.
It also means that many sites of high importance in
Indigenous tradition which are by nature ‘private’,
‘secret’ or ‘restricted’ will appropriately remain so.
There are three different ways places can fit this
criterion. Places that show Indigenous traditions
associated with:
1. creation beings and spirits,
2. people,
3. land and water.
Given the relationships between creation beings,
people and land and water there is likely to be
significant overlap between these three groupings.
The examples below show that one place may
encompass two or more of these types.
1. Places that show Indigenous traditions
associated with creation beings and spirits.
This includes exemplary or unusual places formed
by creation beings during their journeys, or places
where creation beings ‘put themselves’ into country
during a significant event that occurred during their
journey across the land. It also applies to exemplary
or unusual places inhabited by spirits.
27
The types of places where creation beings still
live or places that retain their essence, can include
rock deposits, lakes, rivers, hills and trees. Their
essence may also be a part of rock art and other
images such as Wandjina, Lightning Brothers and
Baiame. The power of creation beings may be
dangerous and special behaviours may be required
when going to places associated with them. The
way that creation beings behave(d) may affect the
country they created. Safe access is restricted to
certain categories of people (by gender or levels
of initiation) or it may make a place sick or
healthy. For Indigenous people, the land is also
populated by spirits that are often mischievous or
malicious and observing protective practices is
necessary for people’s safety and well being.
These spirits
may be embodied in, or associated with, particular
features of the land such as wetlands.
Wilgie Mia Aboriginal Ochre mine in West Australia, the largest red ochre was worked by Aboriginal men and ochre exchanged as far afield as Queensland and the Nullabor Plains in South Australia. (Photo: Yamatji Marlpa Aboriginal Corporation)
Heritage StoryThe national heritage listed Wilgie Mia Aboriginal
Ochre Mine in Western Australia is the best
example of Indigenous traditions associated with
ochre sites. Wilgie Mia has outstanding heritage
value to the nation for its importance as part of a
continuing Indigenous tradition.
In the tradition, Wilgie Mia was created by an
ancestral being, Marlu the red kangaroo, and the
different coloured ochres found at the place relate
to different parts of the Marlu’s body. This is the
only known tradition to account for the different
coloured ochres that occur within the one site.
When compared with the other major mining sites in
Australia, Wilgie Mia has the most complete records
of the rituals and ceremonies associated with ochre
mining in Australia. While other major Aboriginal
mine sites are associated with creation beings,
Wilgie Mia has the most diverse relationship with
spirit beings. In particular, the role of the Mondong
guardian spirits in regulating the behaviour of
people is best exemplified at Wilgie Mia. Wilgie Mia
is a men’s site and access has been controlled
through tradition and ritual. The red ochre at Wilgie
Mia,
the blood of Marlu the red kangaroo, is
particularly prized. It has a striking pinkish hue and
silvery sheen which combine to produce a sacred
colour of particular potency. It is for these reasons
that the red ochre from Wilgie Mia is an important
part of Aboriginal ceremonial life, past and present.
It is still traded for use in traditional ceremonies
including important law ceremonies.
28
2. Places that show Indigenous traditions
associated with people.
This includes exemplary or unusual places where
people go through rites or ceremonies. These
processes may be associated with specific places
where spirits enter a woman or where departed
spirits travel after death.
Ceremonies conducted to change the social
status of living people – for example boy to man,
or girl
to woman – often express power, authority and
relationships at an individual or community
level. The places where these ceremonies
occur may have spiritual power.
To date, no places have been included on the
National Heritage List for this type of Indigenous
heritage value.
3. Places that show Indigenous traditions
associated with land and water.
This includes exemplary or unusual places where
techniques to manage the land are practiced by
Indigenous people. These techniques often derive
from creation beings that entrusted a group with the
responsibility for caring for a particular country. This
could include traditions such as fire management,
ceremonies to increase species and natural
phenomena like rain, the observance of specific
prohibitions, and rituals associated with resource
extraction. The techniques may be associated with
rock art, standing stones or other physical features.
There are also traditions associated with the
sharing and trading of resources between groups.
These include specific places on song lines
where
neighbouring groups came together to trade items.
Heritage Story
The Wanjina-Wunggurr tradition features painted
images of Wanjina and the Wunggurr Snake in
rock shelters across the West Kimberley national
heritage place in Western Australia. The Wanjina-
Wunggurr tradition provides testimony to a
complex association of socio-religious beliefs
that continues to be central to the laws and
customs of the Wanjina-Wunggurr people.
Painted images on rock and other features in
the land, sea and sky, including natural rock
formations and man– made stone
arrangements, are manifestations of the Wanjina
and the Wunggurr Snake. In order to sustain the
ongoing cycle of life, members of the Wanjina–
Wunggurr community continue to engage in a
range of ritual practices established in Lalai (The
Dreaming). While Wanjina-Wunggurr people
believe that the Wanjina ‘put’ themselves onto
rock surfaces as paintings, they also believe that
as the human descendents of these Wanjina, it
is their duty to maintain the ‘brightness’ or
‘freshness’ of the paintings by re-touching them
with charcoal and pigments. By keeping the
paintings ‘fresh’ the world will remain fertile – the
annual rains arrive, plants and animals will
reproduce and child spirits will remain available
in whirlpools and waterholes throughout the
Wanjina-Wunggurr homeland.
29
Alternative Methods of Recognition
and Protection Section
Indigenous heritage places can also be
recognised and protected through local, state, or
other commonwealth laws.
Local Government
Local governments often develop their own
heritage strategies which provide a framework for
management of local heritage. This can include
legal protection of significant local heritage places
and development controls to ensure their
ongoing protection. Talk to your local shire to see
if they have developed a heritage strategy that
includes Indigenous heritage places.
Information on Local Government resources is at:
http://ww w .heritageinfo.go v .au/government.html
State and Territory Governments
States and territories have primary responsibility
for the protection and management of
Indigenous heritage places. While all states and
territories have legislation that provides blanket
protection to Indigenous heritage sites, the level of
protection
for broader heritage places varies. Most of
Australia’s states and territories maintain registers of
Indigenous heritage sites.
Information about Indigenous heritage legislation
can be found at
http://www.environment.gov.au/heritage/laws/indigeno
us/protection-laws.html
Australian Government
The Commonwealth Heritage List is a list
of Indigenous, natural and historic heritage places
owned or controlled by the Australian
Government. These places are assessed against
nine criteria similar to the national heritage criteria,
but the threshold is lower and is generally of
local significance rather than state or national
significance. You can see which places are
currently included in the Commonwealth Heritage
List here:
http://www.environment.gov.au/heritage/about/
commonwealth/index.html
Aboriginal and Torres Strait IslanderHeritage Protection Act 1984
The Aboriginal and Torres Strait Islander Heritage
Protection Act 1984 enables the Australian
Government to respond to requests to protect
areas and objects that are particularly significant
under Indigenous tradition (e.g. sacred sites
and objects) from specific threats of injury or
desecration as a last resort if it appears that state or
territory laws have not provided effective protection.
30
The government can make special orders, called
declarations, to protect significant Aboriginal areas,
objects and whole classes of objects from threats of
injury or desecration. The government cannot make
a declaration unless an Aboriginal or Torres Strait
Islander person (or a person representing an Aboriginal
or Torres Strait Islander person) has requested it. To
make a declaration the government must receive
satisfactory evidence of a body of traditions,
customs, observances and beliefs that explains:
• the nature of the threat of injury or desecration
• particular significance of the area, object or class of objects to Aboriginal or Torres Strait Islander people.
A declaration operates for a defined period of time,
and must be revoked if a state or territory
subsequently provides effective protection for the
area, object or class of objects under its own
laws. The power to make declarations is meant to
be
used as a last resort, after the relevant processes of
the state or territory have been exhausted.
Further information about the Aboriginal and Torres
Strait Islander Heritage Protection Act 1984 can be
found at
ww w .environment.go v .au/heritage/laws/indigenous
Promotion
In addition to heritage protection through legislation,
promoting the significance of a place may help to
protect it. Greater awareness of the importance of
a place, what it means, how to use it and how to
protect it can increase a community’s interest and
involvement in its survival.
Your Community Heritage assists organisations, individuals,
volunteers and communities to support, protect and celebrate
Australia's heritage. Information is available at
http://www.environment.gov.au/heritage/programs/ych/
31
Heritage Contacts Section
National/State/ Legislation (Laws) Territory and links Responsible agency and links
AustralianGovernment
Environment Protection and Biodiversity Conservation Act http://ww w .environment.go v .au/epbc/index.html
Aboriginal and Torres Strait Islander Heritage Protection Act http://ww w .comla w .go v .au/Details/C2005C00228
Nominating Places to the National Heritage List: A Guide for Indigenous Communities http://ww w .environment.go v .au/heritage/ahc/ publications/nhl-indigenousguide
Guide to the Aboriginal and Torres Strait Islander Heritage Protection Act http://www.environment.gov.au/heritage/laws/indigenous/index.html
Australian Heritage Council Act http://ww w .comla w .go v .au/Series/C2004A 01169
Department of Sustainability, Environment, Water, Population and Communities
Ph: 1800 803 772Email:[email protected] w .environment.go v .au
Indigenous Heritagehttp://www.environment.gov.au/heritage/about/indigenous/index.html
National Heritage http://www.environment.gov.au/heritage/about/national/index.html
Indigenous Heritage Program http://www.environment.gov.au/heritage/programs/ihp/index.html
Australian Heritage Places Inventory http://ww w .heritage.go v .au/ahpi
Australian Heritage CouncilPh: 02 6274 1111Email: [email protected]://ww w .environment.go v .au/heritage/ahc/
index.html
ACT
Heritage Act 2004 http://www.legislation.act.gov.au/a/2004-57/default.asp
Heritage Register http://www.environment.act.gov.au/heritage/heritage_register/act_heritage_register_search
ACT Department of Environment and Sustainable Development
http://www.environment.act.gov.au/heritage Ph: 132 281 Email: [email protected] v .au
NSW
Heritage Act 1977 http://www.heritage.nsw.gov.au/06_subnav_07_0.htm
Information on Indigenous heritage http://www.heritage.nsw.gov.au/06_subnav_01.htm
Register http://ww w .heritage.ns w .go v .au/07_subnav_04.cfm
Heritage Branch, Office of Environment and Heritage
Ph: 02 9873 8500Email: [email protected] w .go v .au http://ww w .heritage.ns w .go v .au/
NT Northern Territory Aboriginal Sacred Sites Act 1989http://notes.nt.gov.au/dcm/legislat/legislat.nsf/d7583963f055c335482561cf00181d19/4d815ba87da4bf866925797a00213208/$FILE/Repn027.pdf
NT Heritage Act 2011 http://www.nretas.nt.gov.au/__data/assets/pdf_file/0003/4845/heritageactdraftbill2011.pdf
Aboriginal Areas Protection Authority
Ph: 08 8999 5511Email: [email protected]
http://ww w .aapant.org.au/
Heritage Register http://www.nretas.nt.gov.au/knowledge-and-history/heritage/ntregister
32
National/State/ Legislation (Laws)Territory List or and links Responsible agencyregister
QLD Aboriginal Cultural Heritage Act 2003http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/A/AborCultHA03.pdf
Torres Strait Islander Cultural Heritage Act 2003 http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TorresStIsCuA03.pdf
Register http://www.derm.qld.gov.au/cultural_heritage/search_request/search_request_forms.html
Department of Environment andResource Management
Ph: 07 3239 3647 or 1800 440 340Email: [email protected] v .au http://www.derm.qld.gov.au/cultural_heritage/
SA
Aboriginal Heritage Act 1993 http://www.legislation.sa.gov.au/LZ/C/A/HERITAGE%20PLACES%20ACT%201993.aspx
Register http://www.environment.sa.gov.au/Heritage/SA_Heritage_Register
Department of Environment Water andNatural Resources
Ph: 08 8124 4960Email: DEWRRCustomerSe r [email protected] v .au
http://www.environment.sa.gov.au/Home
Tasmania
Aboriginal Relics Act 1975 http://www.austlii.edu.au/au/legis/tas/consol_act/ara1975159/
Register http://www.aboriginalheritage.tas.gov.au/Pages/Tasmanian-Aboriginal-Site-Index-(TASI).aspx
Department of Premier and Cabinet, Office of Aboriginal Affairs
Aboriginal Heritage TasmaniaPh: 1300 135 513 (ask for Aboriginal Heritage Tasmania) Email: [email protected]
http://www.aboriginalheritage.tas.gov.au/
VIC
Aboriginal Heritage Act 2006http://www.dpcd.vic.gov.au/indigenous/heritage-tools/aboriginal-heritage-act-2006
Heritage Act 1995 http://www.austlii.edu.au/au/legis/vic/consol_act/ha199586/
Registers http://www.dpcd.vic.gov.au/heritage/victorian-heritage-register
http://www.dpcd.vic.gov.au/indigenous/aboriginal-cultural-heritage/Victorian-aboriginal-heritage-register
Department of Planning and Community Development
Administered by Aboriginal Affairs Victoria Phone: 1 800 762 003 Fax: (03) 9208 3292 Email: [email protected]
http://www.dpcd.vic.gov.au/indigenous
WA
Aboriginal Heritage Act 1972 http://www.dia.wa.gov.au/en/Section-18-Applications/Heritage-management/Aboriginal-Heritage-Act
Register http://www.dia.wa.gov.au/en/Site-Search/Aboriginal-Heritage-Inquiry-System/
Department of Indigenous Affairs
Ph: 08 9235 8000 or 1300 651 077 in WA Email: [email protected] v .au
http://www.dia.wa.gov.au/en/About-DIA/
33
Steps Towards a National Heritage List Place
The National Heritage List is made up of the places and stories that are recognised to have outstanding heritage value to the nation – these places are important to all Australians, today and into the future.
The heritage values of a place on the National Heritage List are protected under Australia’s national environmental law – the Environment Protection and Biodiversity Act 1999 (EPBC Act).
Any action that is likely to have a significant impact on the heritage values of a place on the NationalHeritage List requires the approval of the Australian Government Environment Minister.
Talk with traditional owners, other people in the community and heritage experts about whether
the National Heritage List is the best option to recognise and protect your special place.
If traditional owners and the community agree to nominate your special place for the National
Heritage List, call 1800 803 772 or visit the Australian Government’s Heritage website http://
environment.gov.au/heritage/about/index.html to get a full National Heritage List nomination kit.
Write your nomination. Attach letters of support from people in the community.
Once a year, the Australian Government Environment Minister decides which
nominations will be assessed by the Australian Heritage Council.
A nomination and the Council’s assessment of it are legal processes and involve
many steps – it could take up to five years.
The Australian Heritage Council looks at the heritage values of a nominated place
and asks for comment from the public including landowners, occupiers and
Indigenous
people with rights or interests in the nominated place.
The Australian Heritage Council advises the Australian Government Environment Minister
whether a nominated place should be included on the National Heritage List.
The Australian Government’s Environment Minister makes the
final decision for a place to be included on the National Heritage
List.
m • • .