Aboriginal culture and heritage in NSW - legislative review and reform

Aboriginal culture and heritage provides essential links between the past and present. It is an essential part of cultural identity, connection and a sense of belonging to Country.

The effective protection and conservation of this heritage is important in supporting the right to the ongoing cultural self-determination of Aboriginal communities.

The commencement of a formal process leading to the broad reform of Aboriginal heritage legislation in NSW gained impetus from the passage of the National Parks and Wildlife Amendment Act 2010 by the NSW Parliament in November 2010.

Consistent with the commitments made in Parliament, the Aboriginal Culture and Heritage Reform Working Party is reviewing options to report to the Minister for the Environment, the Minister for Heritage, and the Minister for Aboriginal Affairs, for potential stand-alone legislation. 

You can participate in the consultation process using the web-based community engagement forum. Regional Aboriginal community workshops are being held around the state in November and December 2011, find out how to have your say.

Goals of reform

• Recognise and delineate the role of Aboriginal people in the management of their culture and heritage as understood and culturally determined by them.
• Protect and manage NSW Aboriginal culture and heritage through a streamlined and flexible regulatory system.
• Link Aboriginal culture and heritage protection with NSW natural resource management and planning processes.
• Ensure effective mechanisms for the protection of Aboriginal culture and heritage with clearly defined roles and responsibilities for all parties.
• Promote greater awareness and understanding of Aboriginal culture and heritage.
  

The current legislative regime

The National Parks and Wildlife Act 1974 (NPW Act), administered by the Office of Environment and Heritage (OEH), is the primary legislation for the protection of Aboriginal cultural heritage in NSW. Under part 6 of the NPW Act, the Director General of the Department of Premier and Cabinet is responsible for the protection and conservation of Aboriginal objects and Aboriginal places.

The NPW Act provides specific protection for Aboriginal objects and Aboriginal places by providing offences for unauthorised harm.

The Regulation of Aboriginal cultural heritage page provides further information about how the current regime operates.

Details about changes made to the National Parks and Wildlife Act 1974 in 2010 are also available.