{"id":"F2019L00590","name":"Aboriginal and Torres Strait Islander Heritage Protection (Bellwood Sacred Site) Declaration 2019","slug":"aboriginal-and-torres-strait-islander-heritage-protection-bellwood-sacred-site-declaration-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":99209,"registerId":"commonwealth-F2019L00590-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary matters","content":"## Part 1—Preliminary matters\n\n#### 1 Name\n\n  This instrument is the Aboriginal and Torres Strait Islander Heritage Protection (Bellwood Sacred Site) Declaration 2019.\n\n#### 2 Commencement\n\n  This instrument commences on the day after registration.\n\n#### 3 Authority\n\n  This instrument is made under section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Aboriginal and Torres Strait Islander Heritage Protection Act 1984, including the following:\n\n    (a) Aboriginal;\n    (b) area;\n    (c) significant Aboriginal area.\n  In this instrument:\n\n> Act means the Aboriginal and Torres Strait Islander Heritage Protection Act 1984.\n\n> authorised person has the meaning given by subsection 6(5).\n\n> declared area means the area specified in section 5 of this instrument.\n\n> Geocentric Datum of Australia means the Geocentric Datum of Australia as defined in Gazette No. 35 of 6 September 1995 (GDA94 geocentric data set).\n\n> land includes vegetation.\n\n> MGA means Map Grid of Australia 1994.\n\n> Part 1 has the meaning given by item 1 of Schedule 1.\n\n> Part 2 has the meaning given by item 2 of Schedule 1.\n\n> Part 3 has the meaning given by item 3 of Schedule 1.\n\n  \n\n## Part 2—Declaration of an area as a significant Aboriginal area to be preserved and protected from injury or desecration\n\n#### 5 Declared area\n\n  (1) The area to which this declaration applies (the declared area) is the area known as ‘Bellwood Sacred Site’ in Nambucca Heads in New South Wales, and which consists of the whole of Part 1, Part 2, and Part 3.\n\n> Note: Part 1, Part 2 and Part 3 are defined in Schedule 1.\n\n  (2) The position of the declared area is to be determined by reference to the Geocentric Datum of Australia.\n\n> Note: Geocentric Datum of Australia is defined in section 4.\n\n  (3) The following map illustrates the declared area:\n  ![This map illustrates the declared area. The declared area comprises three separate parts (Part 1, Part 2 and Part 3). Part 1 is a wedge-shaped area within Nambucca State Forest, roughly North of Parts 2 and 3 and roughly West of Alexandra Drive. Part 2 is a wedge-shaped area within Nambucca State Forest, which is roughly South of Part 1 and roughly West of the Southern part of Part 3. Part 3 borders Nambucca State Forest on its West side, and a residential area and the end of Marshall Way on the lower corner of its East side. The boundaries of Parts 1 to 3 are defined in Schedule 1. An inset shows the location of the declared area relative to the larger Nambucca Heads area. ](image.002.png)\n\n#### 6 Prohibitions and restrictions with respect to the declared area\n\n  (1) For section 10 of the Act, the declared area is a significant Aboriginal area that is to be preserved and protected from injury and desecration.\n  (2) A person must not do any act in, on or near the declared area that will, or is likely to, injure or desecrate the declared area.\n\n> Note: Subsection 3(2) of the Act relevantly states that for the purposes of the Act, an area shall be taken to be injured or desecrated if:\n\n> Note: (i) it is used or treated in a manner inconsistent with Aboriginal tradition;\n\n> Note: (ii) by reason of anything done in, on or near the area, the use or significance of the area in accordance with Aboriginal tradition is adversely affected; or\n\n> Note: (iii) passage through or over, or entry upon, the area by any person occurs in a manner inconsistent with Aboriginal Tradition.\n\n> Note: Under subsection 22(1) of the Act, a person commits an offence if the person engages in conduct that contravenes a provision of a declaration made under Part II of the Act in relation to a significant Aboriginal area.\n\n  (3) Without limiting subsection (2), a person must not:\n    (a) pass through or over, or enter, the declared area; or\n    (b) bulldoze, grade, drill, dig, excavate, cut, fill, blast, clear, demolish, tunnel, burn, remove, or otherwise damage land in the declared area; or\n    (c) build or construct any road, building or structure in, or intruding into, the declared area; or\n    (d) kill, cut down, poison, deface, burn, remove or otherwise damage any tree in the declared area; or\n    (e) cause any projectile or aerial device to enter into the declared area.\n  (4) Subsections (2) and (3) do not apply to acts done by an authorised person:\n    (a) for the purposes of practising or observing Aboriginal traditions, observances, cultural practices, customs, or beliefs;\n    (b) for the purposes of education, research, management, monitoring, revegetation, restoration or rehabilitation; or\n    (c) where doing the act is authorised or required by law.\n  (5) A person is an authorised person in relation to the doing of an act if:\n    (a) the person is an elder of the Gumbaynggirr Nation; or\n    (b) the person has received permission to do the act from:\n    (i) an elder of the Gumbaynggirr Nation; or\n    (ii) the Nambucca Heads Local Aboriginal Land Council; or\n    (c) the person is authorised or required by law to do the act.\n  (6) For the purposes of paragraph 5(c), a person is not authorised or required by law to do an act merely because the person has received an approval, permission, authority or consent to undertake activities in connection with using or developing land in, on or near the declared area.\n\n#### 7 Period of effect\n\n  This instrument has effect for 25 years beginning on the date this instrument commences.\n\n#### 8 Repeal\n\n  This instrument is repealed the day after the end of the period specified in section 7 of this instrument.\n\n  \n\nSchedule 1—Parts 1, 2 and 3 of the declared area\n\n#### 1 Part 1 of the declared area\n\n  (1) Part 1 consists of the whole of the area bounded by a line commencing at the point in item 1 of the following table and proceeding through each of the coordinates listed in column 1 of the table in the manner described in column 2 of the table:\n\n| Item | Column 1                             | Column 2                                     |\n| ---- | ------------------------------------ | -------------------------------------------- |\n|      | The line runs from this point…       | thence…                                      |\n| 1    | MGA Zone 56 497604.7E and 6609332.7N | generally East to the point in item 2        |\n| 2    | 497612.7E and 6609338.2N             | generally East to the point in item 3        |\n| 3    | 497693.5E and 6609361.7N             | generally East to the point in item 4        |\n| 4    | 497699E and 6609361.7N               | generally South East to the point in item 5  |\n| 5    | 497704.8E and 6609351.3N             | generally South to the point in item 6       |\n| 6    | 497707.4E and 6609335.5N             | generally South East to the point in item 7  |\n| 7    | 497718.7E and 6609317.3N             | generally South East to the point in item 8  |\n| 8    | 497726.8E and 6609309.3N             | generally West to the point in item 9        |\n| 9    | 497654E and 6609306.5N               | generally North West to the point in item 10 |\n| 10   | 497622.6E and 6609320N               | generally North West to the point in item 11 |\n| 11   | 497604.7E and 6609332.7N             | concluding at that point.                    |\n\n  (2) Directions included in the table in subitem (1) are indicative only.\n\n#### 2 Part 2 of the declared area\n\n  (1) Part 2 consists of the whole of the area bounded by a line commencing at the point in item 1 of the following table and proceeding through each of the coordinates listed in column 1 of the table in the manner described in column 2 of the table:\n\n| Item | Column 1                             | Column 2                                    |\n| ---- | ------------------------------------ | ------------------------------------------- |\n|      | The line runs from this point…       | thence…                                     |\n| 1    | MGA Zone 56 497477.1E and 6608865.8N | generally East to the point in item 2       |\n| 2    | 497535E and 6608856.7N               | generally East to the point in item 3       |\n| 3    | 497595.3E and 6608874.4N             | generally North East to the point in item 4 |\n| 4    | 497658.1E and 6608929.2N             | generally South to the point in item 5      |\n| 5    | 497654.5E and 6608899N               | generally South to the point in item 6      |\n| 6    | 497660.4E and 6608789.1N             | generally West to the point in item 7       |\n| 7    | 497573.7E and 6608762.4N             | generally North West to the point in item 8 |\n| 8    | 497489.7E and 6608842.7N             | generally North West to the point in item 9 |\n| 9    | 497477.1E and 6608865.8N             | concluding at that point.                   |\n\n  (2) Directions included in the table in subitem (1) are indicative only.\n\n#### 3 Part 3 of the declared area\n\n  (1) Part 3 consists of the whole of the area bounded by a line commencing at the point in item 1 of the following table and proceeding through each of the coordinates listed in column 1 of the table in the manner described in column 2 of the table:\n\n| Item | Column 1                                  | Column 2                                                          |\n| ---- | ----------------------------------------- | ----------------------------------------------------------------- |\n|      | The line runs from this point…            | thence…                                                           |\n| 1    | MGA Zone 56 497729.136E and 6609156. 545N | generally East to the point in item 2                             |\n| 2    | 497849.704E and 6609137.683N              | generally South to the point in item 3                            |\n| 3    | 497830. 521E and 6609015.065N             | generally North East to the point in item 4                       |\n| 4    | 497956.090E and 6609086.571N              | generally South East to the point in item 5                       |\n| 5    | 497962.907E and 6609063.867N              | generally South East to the point in item 6                       |\n| 6    | 497975.404E and 6608924.473N              | generally South to the point in item 7                            |\n| 7    | 497970.044E and 6608890.163N              | generally North West to the point in item 8                       |\n| 8    | 497965.546E and 6608892.117N              | generally South West to the point in item 9                       |\n| 9    | 497660.672E and 6608718.865N              | generally North along the forest boundary to the point in item 10 |\n| 10   | 497729.136E and 6609156.545N              | concluding at that point.                                         |\n\n  (2) Directions included in the table in subitem (1) are indicative only.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Aboriginal and Torres Strait Islander Heritage Protection (Bellwood Sacred Site) Declaration 2019.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences on the day after registration.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Aboriginal and Torres Strait Islander Heritage Protection Act 1984, including the following:\n\n    (a) Aboriginal;\n    (b) area;\n    (c) significant Aboriginal area.\n  In this instrument:\n\n> Act means the Aboriginal and Torres Strait Islander Heritage Protection Act 1984.\n\n> authorised person has the meaning given by subsection 6(5).\n\n> declared area means the area specified in section 5 of this instrument.\n\n> Geocentric Datum of Australia means the Geocentric Datum of Australia as defined in Gazette No. 35 of 6 September 1995 (GDA94 geocentric data set).\n\n> land includes vegetation.\n\n> MGA means Map Grid of Australia 1994.\n\n> Part 1 has the meaning given by item 1 of Schedule 1.\n\n> Part 2 has the meaning given by item 2 of Schedule 1.\n\n> Part 3 has the meaning given by item 3 of Schedule 1.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Declaration of an area as a significant Aboriginal area to be preserved and protected from injury or desecration","content":"## Part 1—Preliminary matters\n\n#### 1 Name\n\n  This instrument is the Aboriginal and Torres Strait Islander Heritage Protection (Bellwood Sacred Site) Declaration 2019.\n\n#### 2 Commencement\n\n  This instrument commences on the day after registration.\n\n#### 3 Authority\n\n  This instrument is made under section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Aboriginal and Torres Strait Islander Heritage Protection Act 1984, including the following:\n\n    (a) Aboriginal;\n    (b) area;\n    (c) significant Aboriginal area.\n  In this instrument:\n\n> Act means the Aboriginal and Torres Strait Islander Heritage Protection Act 1984.\n\n> authorised person has the meaning given by subsection 6(5).\n\n> declared area means the area specified in section 5 of this instrument.\n\n> Geocentric Datum of Australia means the Geocentric Datum of Australia as defined in Gazette No. 35 of 6 September 1995 (GDA94 geocentric data set).\n\n> land includes vegetation.\n\n> MGA means Map Grid of Australia 1994.\n\n> Part 1 has the meaning given by item 1 of Schedule 1.\n\n> Part 2 has the meaning given by item 2 of Schedule 1.\n\n> Part 3 has the meaning given by item 3 of Schedule 1.\n\n  \n\n## Part 2—Declaration of an area as a significant Aboriginal area to be preserved and protected from injury or desecration\n\n#### 5 Declared area\n\n  (1) The area to which this declaration applies (the declared area) is the area known as ‘Bellwood Sacred Site’ in Nambucca Heads in New South Wales, and which consists of the whole of Part 1, Part 2, and Part 3.\n\n> Note: Part 1, Part 2 and Part 3 are defined in Schedule 1.\n\n  (2) The position of the declared area is to be determined by reference to the Geocentric Datum of Australia.\n\n> Note: Geocentric Datum of Australia is defined in section 4.\n\n  (3) The following map illustrates the declared area:\n  ![This map illustrates the declared area. The declared area comprises three separate parts (Part 1, Part 2 and Part 3). Part 1 is a wedge-shaped area within Nambucca State Forest, roughly North of Parts 2 and 3 and roughly West of Alexandra Drive. Part 2 is a wedge-shaped area within Nambucca State Forest, which is roughly South of Part 1 and roughly West of the Southern part of Part 3. Part 3 borders Nambucca State Forest on its West side, and a residential area and the end of Marshall Way on the lower corner of its East side. The boundaries of Parts 1 to 3 are defined in Schedule 1. An inset shows the location of the declared area relative to the larger Nambucca Heads area. ](image.002.png)\n\n#### 6 Prohibitions and restrictions with respect to the declared area\n\n  (1) For section 10 of the Act, the declared area is a significant Aboriginal area that is to be preserved and protected from injury and desecration.\n  (2) A person must not do any act in, on or near the declared area that will, or is likely to, injure or desecrate the declared area.\n\n> Note: Subsection 3(2) of the Act relevantly states that for the purposes of the Act, an area shall be taken to be injured or desecrated if:\n\n> Note: (i) it is used or treated in a manner inconsistent with Aboriginal tradition;\n\n> Note: (ii) by reason of anything done in, on or near the area, the use or significance of the area in accordance with Aboriginal tradition is adversely affected; or\n\n> Note: (iii) passage through or over, or entry upon, the area by any person occurs in a manner inconsistent with Aboriginal Tradition.\n\n> Note: Under subsection 22(1) of the Act, a person commits an offence if the person engages in conduct that contravenes a provision of a declaration made under Part II of the Act in relation to a significant Aboriginal area.\n\n  (3) Without limiting subsection (2), a person must not:\n    (a) pass through or over, or enter, the declared area; or\n    (b) bulldoze, grade, drill, dig, excavate, cut, fill, blast, clear, demolish, tunnel, burn, remove, or otherwise damage land in the declared area; or\n    (c) build or construct any road, building or structure in, or intruding into, the declared area; or\n    (d) kill, cut down, poison, deface, burn, remove or otherwise damage any tree in the declared area; or\n    (e) cause any projectile or aerial device to enter into the declared area.\n  (4) Subsections (2) and (3) do not apply to acts done by an authorised person:\n    (a) for the purposes of practising or observing Aboriginal traditions, observances, cultural practices, customs, or beliefs;\n    (b) for the purposes of education, research, management, monitoring, revegetation, restoration or rehabilitation; or\n    (c) where doing the act is authorised or required by law.\n  (5) A person is an authorised person in relation to the doing of an act if:\n    (a) the person is an elder of the Gumbaynggirr Nation; or\n    (b) the person has received permission to do the act from:\n    (i) an elder of the Gumbaynggirr Nation; or\n    (ii) the Nambucca Heads Local Aboriginal Land Council; or\n    (c) the person is authorised or required by law to do the act.\n  (6) For the purposes of paragraph 5(c), a person is not authorised or required by law to do an act merely because the person has received an approval, permission, authority or consent to undertake activities in connection with using or developing land in, on or near the declared area.\n\n#### 7 Period of effect\n\n  This instrument has effect for 25 years beginning on the date this instrument commences.\n\n#### 8 Repeal\n\n  This instrument is repealed the day after the end of the period specified in section 7 of this instrument.\n\n  \n\nSchedule 1—Parts 1, 2 and 3 of the declared area\n\n#### 1 Part 1 of the declared area\n\n  (1) Part 1 consists of the whole of the area bounded by a line commencing at the point in item 1 of the following table and proceeding through each of the coordinates listed in column 1 of the table in the manner described in column 2 of the table:\n\n| Item | Column 1                             | Column 2                                     |\n| ---- | ------------------------------------ | -------------------------------------------- |\n|      | The line runs from this point…       | thence…                                      |\n| 1    | MGA Zone 56 497604.7E and 6609332.7N | generally East to the point in item 2        |\n| 2    | 497612.7E and 6609338.2N             | generally East to the point in item 3        |\n| 3    | 497693.5E and 6609361.7N             | generally East to the point in item 4        |\n| 4    | 497699E and 6609361.7N               | generally South East to the point in item 5  |\n| 5    | 497704.8E and 6609351.3N             | generally South to the point in item 6       |\n| 6    | 497707.4E and 6609335.5N             | generally South East to the point in item 7  |\n| 7    | 497718.7E and 6609317.3N             | generally South East to the point in item 8  |\n| 8    | 497726.8E and 6609309.3N             | generally West to the point in item 9        |\n| 9    | 497654E and 6609306.5N               | generally North West to the point in item 10 |\n| 10   | 497622.6E and 6609320N               | generally North West to the point in item 11 |\n| 11   | 497604.7E and 6609332.7N             | concluding at that point.                    |\n\n  (2) Directions included in the table in subitem (1) are indicative only.\n\n#### 2 Part 2 of the declared area\n\n  (1) Part 2 consists of the whole of the area bounded by a line commencing at the point in item 1 of the following table and proceeding through each of the coordinates listed in column 1 of the table in the manner described in column 2 of the table:\n\n| Item | Column 1                             | Column 2                                    |\n| ---- | ------------------------------------ | ------------------------------------------- |\n|      | The line runs from this point…       | thence…                                     |\n| 1    | MGA Zone 56 497477.1E and 6608865.8N | generally East to the point in item 2       |\n| 2    | 497535E and 6608856.7N               | generally East to the point in item 3       |\n| 3    | 497595.3E and 6608874.4N             | generally North East to the point in item 4 |\n| 4    | 497658.1E and 6608929.2N             | generally South to the point in item 5      |\n| 5    | 497654.5E and 6608899N               | generally South to the point in item 6      |\n| 6    | 497660.4E and 6608789.1N             | generally West to the point in item 7       |\n| 7    | 497573.7E and 6608762.4N             | generally North West to the point in item 8 |\n| 8    | 497489.7E and 6608842.7N             | generally North West to the point in item 9 |\n| 9    | 497477.1E and 6608865.8N             | concluding at that point.                   |\n\n  (2) Directions included in the table in subitem (1) are indicative only.\n\n#### 3 Part 3 of the declared area\n\n  (1) Part 3 consists of the whole of the area bounded by a line commencing at the point in item 1 of the following table and proceeding through each of the coordinates listed in column 1 of the table in the manner described in column 2 of the table:\n\n| Item | Column 1                                  | Column 2                                                          |\n| ---- | ----------------------------------------- | ----------------------------------------------------------------- |\n|      | The line runs from this point…            | thence…                                                           |\n| 1    | MGA Zone 56 497729.136E and 6609156. 545N | generally East to the point in item 2                             |\n| 2    | 497849.704E and 6609137.683N              | generally South to the point in item 3                            |\n| 3    | 497830. 521E and 6609015.065N             | generally North East to the point in item 4                       |\n| 4    | 497956.090E and 6609086.571N              | generally South East to the point in item 5                       |\n| 5    | 497962.907E and 6609063.867N              | generally South East to the point in item 6                       |\n| 6    | 497975.404E and 6608924.473N              | generally South to the point in item 7                            |\n| 7    | 497970.044E and 6608890.163N              | generally North West to the point in item 8                       |\n| 8    | 497965.546E and 6608892.117N              | generally South West to the point in item 9                       |\n| 9    | 497660.672E and 6608718.865N              | generally North along the forest boundary to the point in item 10 |\n| 10   | 497729.136E and 6609156.545N              | concluding at that point.                                         |\n\n  (2) Directions included in the table in subitem (1) are indicative only.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Declared area","content":"#### 5 Declared area\n\n  (1) The area to which this declaration applies (the declared area) is the area known as ‘Bellwood Sacred Site’ in Nambucca Heads in New South Wales, and which consists of the whole of Part 1, Part 2, and Part 3.\n\n> Note: Part 1, Part 2 and Part 3 are defined in Schedule 1.\n\n  (2) The position of the declared area is to be determined by reference to the Geocentric Datum of Australia.\n\n> Note: Geocentric Datum of Australia is defined in section 4.\n\n  (3) The following map illustrates the declared area:\n  ![This map illustrates the declared area. The declared area comprises three separate parts (Part 1, Part 2 and Part 3). Part 1 is a wedge-shaped area within Nambucca State Forest, roughly North of Parts 2 and 3 and roughly West of Alexandra Drive. Part 2 is a wedge-shaped area within Nambucca State Forest, which is roughly South of Part 1 and roughly West of the Southern part of Part 3. Part 3 borders Nambucca State Forest on its West side, and a residential area and the end of Marshall Way on the lower corner of its East side. The boundaries of Parts 1 to 3 are defined in Schedule 1. An inset shows the location of the declared area relative to the larger Nambucca Heads area. ](image.002.png)","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Prohibitions and restrictions with respect to the declared area","content":"#### 6 Prohibitions and restrictions with respect to the declared area\n\n  (1) For section 10 of the Act, the declared area is a significant Aboriginal area that is to be preserved and protected from injury and desecration.\n  (2) A person must not do any act in, on or near the declared area that will, or is likely to, injure or desecrate the declared area.\n\n> Note: Subsection 3(2) of the Act relevantly states that for the purposes of the Act, an area shall be taken to be injured or desecrated if:\n\n> Note: (i) it is used or treated in a manner inconsistent with Aboriginal tradition;\n\n> Note: (ii) by reason of anything done in, on or near the area, the use or significance of the area in accordance with Aboriginal tradition is adversely affected; or\n\n> Note: (iii) passage through or over, or entry upon, the area by any person occurs in a manner inconsistent with Aboriginal Tradition.\n\n> Note: Under subsection 22(1) of the Act, a person commits an offence if the person engages in conduct that contravenes a provision of a declaration made under Part II of the Act in relation to a significant Aboriginal area.\n\n  (3) Without limiting subsection (2), a person must not:\n    (a) pass through or over, or enter, the declared area; or\n    (b) bulldoze, grade, drill, dig, excavate, cut, fill, blast, clear, demolish, tunnel, burn, remove, or otherwise damage land in the declared area; or\n    (c) build or construct any road, building or structure in, or intruding into, the declared area; or\n    (d) kill, cut down, poison, deface, burn, remove or otherwise damage any tree in the declared area; or\n    (e) cause any projectile or aerial device to enter into the declared area.\n  (4) Subsections (2) and (3) do not apply to acts done by an authorised person:\n    (a) for the purposes of practising or observing Aboriginal traditions, observances, cultural practices, customs, or beliefs;\n    (b) for the purposes of education, research, management, monitoring, revegetation, restoration or rehabilitation; or\n    (c) where doing the act is authorised or required by law.\n  (5) A person is an authorised person in relation to the doing of an act if:\n    (a) the person is an elder of the Gumbaynggirr Nation; or\n    (b) the person has received permission to do the act from:\n    (i) an elder of the Gumbaynggirr Nation; or\n    (ii) the Nambucca Heads Local Aboriginal Land Council; or\n    (c) the person is authorised or required by law to do the act.\n  (6) For the purposes of paragraph 5(c), a person is not authorised or required by law to do an act merely because the person has received an approval, permission, authority or consent to undertake activities in connection with using or developing land in, on or near the declared area.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Period of effect","content":"#### 7 Period of effect\n\n  This instrument has effect for 25 years beginning on the date this instrument commences.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Repeal","content":"#### 8 Repeal\n\n  This instrument is repealed the day after the end of the period specified in section 7 of this instrument.\n\n  \n\nSchedule 1—Parts 1, 2 and 3 of the declared area","sortOrder":9}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose: protecting a specific identified sacred site. The three-part boundary definition, 25-year duration, and explicit cultural authority provisions all align with the standard function of section 10 declarations under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984. No scope creep is evident."},"complexity_factors":["Straightforward structure with only 8 operative sections plus a schedule defining boundaries","Minimal cross-referencing — primarily references the parent Act (Aboriginal and Torres Strait Islander Heritage Protection Act 1984) for definitions and offence provisions","Simple conditional logic: broad prohibition in section 6(2)-(3) with a single exception structure in section 6(4)-(5)","No nested exceptions or complex definitional chains — 'authorised person' is defined directly in section 6(5) with three clear categories","Technical complexity limited to the coordinate tables in Schedule 1 (30 coordinate points across three parcels), which require survey expertise to interpret but are mechanically simple","One clarifying limitation in section 6(6) preventing planning approvals from overriding the declaration — explicit and non-technical"],"plain_english_summary":"This law declares the Bellwood Sacred Site near Nambucca Heads a federally protected significant Aboriginal area, criminalising entry, damage, vegetation removal, constructions, and overflights that injure or desecrate its cultural values. It preserves Gumbaynggirr cultural authority while allowing access only for authorised persons (elders, permitted community members, the Local Aboriginal Land Council) for cultural, educational, research or restoration purposes. The protection carries federal penalties, blocks incompatible development despite local approvals, and expires after 25 years."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument implements the Act’s core power to declare and protect a significant Aboriginal area (see s3 and s6). It does not broaden the statutory purpose set out in the Act; it applies that power to a specific location (Bellwood Sacred Site) with location‑specific prohibitions and defined exceptions. The declaration remains within the original statutory intent of preserving and protecting areas from injury or desecration and does not add new regulatory heads of power beyond those in the Act."},"complexity_factors":["Short, single-purpose instrument (~8 substantive sections)","Clear cross-reference to the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (s3, notes)","Three geographic parcels precisely defined by MGA coordinates in Schedule 1 (requires geospatial precision)","One main conditional structure: blanket prohibitions with limited exemptions for authorised persons (s6(2)–(5))","Defined limited terms (MGA, GDA, Part 1–3, authorised person) — relatively few defined terms (s4)","Fixed temporal scope (25 years) and automatic repeal (s7–s8)"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- Declares a specific area known as the “Bellwood Sacred Site” near Nambucca Heads, NSW, to be a \"significant Aboriginal area\" under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (the Act) (see s5 and s3 note). The declared area is made up of three separate parcels identified as Part 1, Part 2 and Part 3, which are precisely described by MGA coordinates in Schedule 1 and located by reference to the Geocentric Datum of Australia (s5(2); Schedule 1; s4 definitions).\n- Establishes criminal and civil restrictions on conduct that would, or is likely to, \"injure or desecrate\" the declared area (s6(1)–(3)). It lists prohibited acts such as entering the area, earthworks, excavations, construction, tree removal or damage, and introducing projectiles or aerial devices (s6(3)(a)–(e)).\n- Provides exceptions so those classed as an \"authorised person\" may carry out acts in the area for cultural, educational, research, management or where authorised by law (s6(4)). The instrument defines who counts as an authorised person: an elder of the Gumbaynggirr Nation; someone with permission from an elder or the Nambucca Heads Local Aboriginal Land Council; or a person authorised or required by law (s6(5)). It also clarifies that a prior approval or development consent does not by itself make someone \"authorised by law\" to do acts otherwise prohibited (s6(6)).\n- Comes into effect the day after registration, lasts for 25 years, and is repealed the day after that 25‑year period ends (s2, s7, s8).\n\n**Who is affected**\n\n- Aboriginal elders and organisations: The Gumbaynggirr Nation elders and the Nambucca Heads Local Aboriginal Land Council gain primary practical control over who may lawfully carry out activities within the declared area (s6(4)–(5)).\n- Land managers, state agencies and private parties with land interests or development plans in or adjacent to the three parcels: ordinary activities such as access, forestry operations, construction, clearing, and other land‑use works are expressly prohibited unless performed by an authorised person (s6(3)).\n- Local residents and recreational users who might previously have used the forested parts of the declared area will be curtailed from entering or carrying out previously permitted activities (s6(3)(a)).\n- Project proponents and contractors: developers and their contractors face an increased compliance obligation and potential criminal liability under the Act for contravening the declaration (see s6 and Act s22(1) note).\n\n**Why it matters (official purpose and practical consequences)**\n\n- Officially, the declaration exists to ‘‘preserve and protect’’ the Bellwood Sacred Site from injury or desecration (s6(1)), as the Act contemplates where Aboriginal tradition would be undermined by certain uses (see notes to s6 referencing Act s3(2)).\n- Practically, the instrument shifts decision‑making power over on‑site activity to recognised Aboriginal authority figures (elders and the Local Aboriginal Land Council) and to those authorised by law, while creating legal barriers to standard land‑use activities in the declared parcels (s6(4)–(6)). That means private enterprises and public agencies proposing works must either avoid the area or obtain permission from the Gumbaynggirr elders or the Land Council; otherwise they risk breaching the Act (s6(3); Act s22(1) note).\n\n**Costs, incentives and trade‑offs**\n\n- Who pays: parties with development, forestry or infrastructure interests near or inside the declared parts bear compliance costs (planning changes, delays, relocation of works, or seeking permission), and may face criminal penalties for non‑compliance enforced under the Act (s6; Act s22(1) note).\n- Who decides: the instrument delegates practical gatekeeping to Gumbaynggirr elders and the Nambucca Heads Local Aboriginal Land Council by making them the principal sources of permission for otherwise prohibited acts (s6(5)(a)–(b)). The Commonwealth made the declaration under the Act (s3), but the day‑to‑day authorisation role rests with those Aboriginal authorities and legal authorisations.\n- Compliance burden: affected parties must confirm whether proposed activities fall within the declared coordinates (Schedule 1), and whether an elder or the Land Council has authorised the activity; a separate legal authorisation may be required where an act is \"authorised or required by law\" (s6(4)–(6)). The instrument also clarifies that existing planning approvals alone do not suffice as authorisation (s6(6)), creating a discrete approval stream that proponents must address.\n- Implementation risks and ambiguity: the text relies on coordinate descriptions and a map (Schedule 1, s5(3)); precise boundary interpretation may require surveying expertise (GDA reference in s5(2); s4). The phrase \"authorised or required by law\" remains broad and could be litigated in particular cases about what statutory instruments or court orders qualify (s6(5)(c)).\n- Opportunity costs and substitution effects: activities excluded from the declared area may shift to neighbouring land, increasing land‑use pressure or costs elsewhere.\n\n**Interaction with other laws and enforcement**\n\n- The declaration operates under section 10 of the Act (s3). Contravening declarations under Part II of the Act can attract offences under the Act (note referencing Act s22(1)). The instrument explicitly attempts to prevent conflicts with other approvals by stipulating that an approval to develop land does not by itself authorise otherwise prohibited acts in the declared area (s6(6)).\n\n**Concise takeaway**\n\nThe instrument designates three mapped parcels near Nambucca Heads as a protected Aboriginal site for 25 years, forbids entry and a wide range of damaging activities, and vests primary on‑site authorisation power in Gumbaynggirr elders and the local Aboriginal Land Council while preserving legal exceptions where an act is otherwise authorised by law. Affected private and public actors must avoid or get explicit permission to operate in the declared area, or face enforcement under the Act (s5–8; Schedule 1)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/aboriginal-and-torres-strait-islander-heritage-protection-bellwood-sacred-site-declaration-2019","history":"/api/acts/aboriginal-and-torres-strait-islander-heritage-protection-bellwood-sacred-site-declaration-2019/history","analysis":"/api/acts/aboriginal-and-torres-strait-islander-heritage-protection-bellwood-sacred-site-declaration-2019/analysis","conflicts":"/api/acts/aboriginal-and-torres-strait-islander-heritage-protection-bellwood-sacred-site-declaration-2019/conflicts","importantCases":"/api/acts/aboriginal-and-torres-strait-islander-heritage-protection-bellwood-sacred-site-declaration-2019/important-cases","documents":"/api/acts/aboriginal-and-torres-strait-islander-heritage-protection-bellwood-sacred-site-declaration-2019/documents"}}