Aboriginal Law Bulletin --- "Commonwealth Heritage Legislation: A Queensland Experience" [1986] AboriginalLawB 30; (1986) 1(20) Aboriginal Law Bulletin 2

• Commonwealth Heritage Legislation: A Queensland Experience

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Commonwealth Heritage Legislation:

A Queensland Experience

by Alastair Walton

Burleigh Mountain National Park is in the Gold Coast Lowlands of Queensland. Recently a footpath was under construction in the park that intruded into a midden which was considered to be of significance to the local Kombumerri Aboriginal Corporation for Culture.

An application was tendered under the Aboriginal and Torres Strait Islander Heritage (Interim Protection) Act 1984 in respect to the midden.

The application was able to stop further construction and damage to the midden but it was unable to repair the damage aleady done. Another outcome of the application was that ensuring consultation and negotiation between the Department of Aboriginal Affairs, Mr Katter the Queensland Minister for Community Services and the Kombumerri Aboriginal Corporation for Culture settled the issue with the creation of a National Parks Aboriginal Consultative Committee (Gold Coast Lowlands).

After conversation with the President of the Kombumerri Aboriginal Corporation, MrGraeme Dillon, and their advisor, Dr P. K Lauer from the University of Queensland, it seems they are satisfied with the arrangements. They had succeeded in immediately stopping further construction though the disappointment with the irrepairable damage cannot be undone. However, the community was pleased they had initiated action and now found themselves with a channel for dialogue with the National Parks Service (NP) it seems the NP have little expertise in Aboriginal culture and are interested to hear from the Aboriginal consultative committee and are providing assistance.

Dr Lauer spoke of the beneficial outcome and provided the following hints for other communities who open up these channels of communication, especially in relation to heritage claims.

Communities should be aware that successful negotiation will open up doors, but this then produces extra workload. If advantages are not taken then comments of 'not interested' may be levelled at communities. So the problem is resources, facilities and workers to make use of the beneficial outcome. This is a real catch for Aboriginal communities and one that should be realised.

At present the Kombumerri Corporation are listing and nominating sites in preparation for use underboth the Heritage Act and the Queensland Relics Act 1967. In addition they are having regular meetings under the banner of the NP Aboriginal Consultative Committee, with people from the NP's Archeological Branch to advise on how work projects may or may not interfere with Aboriginal sites. This it seems has been a positive outcome from the use of the Heritage Act.

Contact:
Kombumerri Aboriginal Corporation for Culture
10 Paradise Street, Nerang, Qld 4211 Phone: [phone].