Part 2Administration

Part 2—Administration Division 1—General 5—Functions of the Minister (1) The functions of the Minister under this Act are— (a) to take such measures as are practicable for the protection and preservation of Aboriginal sites, objects and remains; and (b) to conduct, direct or assist searches for the purpose of discovering Aboriginal sites or objects; and (c) to conduct, direct or assist research into the Aboriginal heritage; and (d) to carry out any other function assigned to the Minister under this Act. (2) The Minister must, in carrying out functions under this Act, consider any relevant recommendations of the Committee. 6—Delegation (1) The Minister may delegate any of the Minister's powers or functions under this Act. (3) A delegation under this section— (a) must be in writing; and (b) may be subject to such conditions as the Minister considers appropriate; and (c) may authorise the sub-delegation of a specified power; and (d) if made to the holder of a specified office or position, empowers any person holding or acting in the office or position to exercise the delegated powers; and (e) is revocable at will; and (f) does not prevent the Minister from acting personally in any matter. 7—Aboriginal Heritage Committee (1) The Aboriginal Heritage Committee is established. (2) The Committee consists of Aboriginal persons appointed, as far as is practicable, from all parts of the State by the Minister to perform the functions required under this Act and to represent the interests of Aboriginal people throughout the State in the protection and preservation of the Aboriginal heritage. (3) The Minister must, as far as is practicable, appoint equal numbers of men and women to the Committee. (4) The members of the Committee will be appointed on such conditions and for such terms as the Minister considers appropriate. (5) The Committee may, with the approval of the Minister, establish subcommittees (which may—but need not—consist of or include members of the Committee) to investigate and report to the Committee on any matter. (6) A member of the Committee will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with Aboriginal persons generally, or a substantial section of Aboriginal persons. 8—Functions of the Committee (1) The functions of the Committee are— (a) to advise the Minister, either on its own initiative or at the request of the Minister, with respect to— (i) the making of entries in the central archives and the removal of any such entry; and (ii) measures that should, in the Committee's opinion, be taken for the protection or preservation of Aboriginal sites, objects or remains; and (iii) the appointment of suitable persons as inspectors for the purposes of this Act; and (iiia) Aboriginal heritage agreements; and (iv) any other matter related to the administration or operation of this Act or to the protection or preservation of the Aboriginal heritage; and (b) to carry out any other function assigned to the Committee by this Act or by the Minister. 9—Central and local archives (1) The Minister must keep central archives relating to the Aboriginal heritage. (2) Part of the central archives (to be entitled the "Register of Aboriginal Sites and Objects") must contain entries describing, with sufficient particularity to enable them to be readily identified, sites or objects determined by the Minister to be Aboriginal sites or objects. (3) The Minister must not remove an entry from the Register of Aboriginal Sites and Objects unless the Minister determines that the site or object to which the entry relates is not an Aboriginal site or object. (4) The Minister may assist (financially or in any other manner) an Aboriginal organisation to keep local archives relating to the Aboriginal heritage. 10—Confidentiality of archives (1) The confidentiality of information entered in the central or local archives that relates to an Aboriginal site or object must be maintained unless— (a) the traditional owners of the site or object have approved disclosure of the information; or (b) where all reasonable steps have been taken to consult the traditional owners but the Minister or organisation keeping the archives is satisfied that there are no traditional owners or that they cannot be identified or located, the Committee (in the case of the central archives), or the organisation keeping the archives (in the case of local archives), has approved disclosure of the information; or (c) the information is made available by the Minister in response to an application under section 12. (2) The confidentiality of information entered in the central or local archives that does not relate to an Aboriginal site or object must be maintained unless the Committee (in the case of the central archives), or the organisation keeping the archives (in the case of local archives), has approved disclosure of the information. (3) The disclosure of information from the central or local archives must be on such conditions (if any) as are stipulated by— (a) the traditional owners; and (b) in the case of information made available from— (i) the central archives, the Committee; and (ii) local archives, the organisation keeping the archives. (4) A person must not— (a) disclose information from the central or local archives contrary to this section; or (b) fail to comply with a condition referred to in subsection (3). Maximum penalty: $250 000 or imprisonment for 2 years or both. 11—Effect of entries in the Register In any legal proceedings— (a) a site or object will be conclusively presumed to be an Aboriginal site or object if it is entered in the Register of Aboriginal Sites and Objects; and (b) a site or object will be conclusively presumed not to be an Aboriginal site or object if the Minister has determined that it should not be entered in the Register and the Minister has not reversed that determination. 12—Determination of whether site or object is an Aboriginal site or object (1) If a person proposes to take action in relation to a particular object and that action may constitute an offence against this Act if the object is an Aboriginal object, the person may apply to the Minister under this section. (2) On an application under subsection (1), the Minister must— (a) if the object is entered in the Register of Aboriginal Sites and Objects, give the applicant written notice that it is so entered; (b) if the object is not entered in the Register, determine whether it should be so entered and give the applicant written notice of the determination. (3) If a person proposes to take action in relation to a particular area and that action may constitute an offence against this Act if the area is, is part of or includes an Aboriginal site or if an Aboriginal object is located in the area, the person may apply to the Minister under this section. (4) On an application under subsection (3), the Minister must— (a) determine whether any entries should be made in the Register of Aboriginal Sites and Objects in relation to sites or objects in the area that are not so entered and give the applicant written notice of the determination; or (b) subject to subsection (5), give the applicant written notice of the location of each Aboriginal site or object in the area that is entered, or that the Minister has determined should be entered, in the Register. (5) The Minister must not disclose the exact location of a site or object if, in the Minister's opinion, the disclosure is likely to be detrimental to the protection or preservation of the site or object or to be in contravention of Aboriginal tradition. (6) The Minister may, within 20 working days after receiving an application, require an applicant to provide information in connection with the application or to engage an expert acceptable to the Minister to do so. (7) Where the Minister requires information to be provided under subsection (6), the Minister must determine the application within 30 working days of receiving that information. (8) The Minister may refuse to entertain an application under this section on the grounds— (a) that the area or object is insufficiently identified; or (b) that the application is not genuine; or (c) that the Minister does not have the resources to determine the application. 13—Consultation on determinations, authorisations and regulations (1) The Minister must— (a) before making a determination under this Act; or (b) before giving an authorisation under this Act; or (c) before a site or object is declared by regulation to be an Aboriginal site or object or is excluded by regulation from the ambit of the definition of Aboriginal site or object, take all reasonable steps to consult with— (d) the Committee; and (e) any Aboriginal organisation that, in the opinion of the Minister, has a particular interest in the matter; and (f) any— (i) traditional owners; and (ii) other Aboriginal persons, (2) When determining whether an area of land is an Aboriginal site or an object is an Aboriginal object, the Minister must accept the views of the traditional owners of the land or object on the question of whether the land or object is of significance according to Aboriginal tradition. (3) This section does not apply to— (a) a determination under section 24(8); or (b) an authorisation under section 27 or 36; or (c) an authorisation under Part 3 in relation to which a local heritage agreement has been approved under section 19I;or (d) an amendment of an authorisation under Part 3 Division 1 or 3 (not being an amendment that has the effect of authorising 1 or more of the following: (i) excavation for the purposes of uncovering additional Aboriginal sites, objects or remains; (ii) damaging or disturbing additional Aboriginal sites, objects or remains; (iii) interference with or removal of additional Aboriginal sites, objects or remains); or (e) a repeal of an authorisation under Part 3 Division 1 or 3; or (f) an authorisation under section 45. 14—Authorisations subject to conditions (1) An authorisation may be given by the Minister under this Act on such conditions as the Minister considers appropriate. (2) A person who, without reasonable excuse, contravenes or fails to comply with a condition of an authorisation under this Act is guilty of an offence.