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Parliamentary Questions

Question Without Notice No. 1213 asked in the Legislative Council on 22 November 2018 by Hon Robin Chapple

Parliament: 40 Session: 1

Answered on

ABORIGINAL HERITAGE — PRESCRIBED BURNING

1213. Hon ROBIN CHAPPLE to the minister representing the Minister for Aboriginal Affairs:

(1) Is it an offence under section 17 of the Aboriginal Heritage Act 1972 to not advise the Department of Aboriginal Affairs, via the lodgement of a section 18 application, of an impending prescribed burn in areas where there are high levels of cultural heritage?

(2) If no to (1), why not?

(3) If yes to (1), how is this applied?

Hon STEPHEN DAWSON replied:

I thank the honourable member for some notice of the question.

(1)–(3) Section 17 of the Aboriginal Heritage Act 1972 outlines the circumstances in which an offence occurs, and section 18 provides the mechanism by which the minister can provide consent to any use that may otherwise constitute a breach of section 17. Whether a proposed use would breach section 17 needs to be assessed on a case-by-case basis, having regard to the individual circumstances.