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ABORIGINAL HERITAGE PROTECTION (CONSEQUENTIAL
AMENDMENTS) BILL 2013
Fact Sheet
The Aboriginal Heritage Protection (Consequential Amendments) Bill 2013 relates to
the Aboriginal Heritage Protection Bill 2013.
The Aboriginal Heritage Protection (Consequential Amendments) Bill 2013 makes
consequential amendments to various Acts to replace references to the Aboriginal
Relics Act 1975 and Aboriginal relics with the Aboriginal Heritage Protection Act 2013
and Aboriginal heritage as appropriate.
Legislation affected by these changes includes the: Crown Lands (Shack Sites) Act
1997; Crown Lands Regulations 2011; Gas Infrastructure (Planning Permit
Exemption) Regulations 2013; National Broadband Network (Tasmania) Act 2010;
Port Arthur Historic Site Management Authority Act 1987; and Wellington Park
Regulations 2009.
The Bill also amends section 23 of the Coroners Act 1995 to provide that, where the
Aboriginal organisation approved under that Act advises in its report to the coroner
that the remains are Aboriginal remains, the coroner on receipt of that report is to
provide a copy of the report to the Secretary of the responsible Department in
relation to the Aboriginal Heritage Protection Act 2013. Upon receipt by the coroner
of the Aboriginal organisation's report, the jurisdiction of the coroner under this Act
ceases in respect to the remains.
The Bill also includes changes to the Land Use Planning and Approvals Act 1993
(the Planning Act), which largely mirror amendments set out in the Historic Cultural
Heritage Amendment Bill 2012.
The amendments provide that:
If the Tasmanian Heritage Council or the Aboriginal Heritage Council has not
required extra time to consider a discretionary permit application under the
respective Acts, the 42 day timeframe for determining a discretionary
application under section 57 of the Planning Act stands, unless the applicant
has agreed to an extension of time with the planning authority.
If the Tasmanian Heritage Council or the Aboriginal Heritage Council has
determined the need for an extra 14 calendar days to consider a discretionary
permit application under the Historic Cultural Heritage Act 1995 or the
Aboriginal Heritage Protection 2013, the 42 day timeframe for determining a
discretionary application under section 57 of the Planning Act is extended to
56 days or, if there is a further agreed extension of time between the
applicant and the planning authority, by that day.
Further consequential amendments to the Planning Act include:
A requirement for the planning authority to serve notice to the Aboriginal
Heritage Minister where the failure of a planning authority to determine an
application for a permit to which section 57 or 58 applies is deemed to
constitute a decision to grant a permit on conditions to be determined by the
Resource Management and Appeal Tribunal.
Where an applicant applies to the Appeal Tribunal for determination of
conditions under which a permit is granted, the Appeal Tribunal must notify
the planning authority, and where joined as a respondent to the application,
the Tasmanian Heritage Council and the Aboriginal Heritage Minister.