Commonwealth legislation

Aboriginal and Torres Strait Islander Heritage Protection (Wahluu Mount Panorama Site) Emergency Declaration 2021-Extension

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

1/10 complexity

This instrument extends emergency protection for the Wahluu Mount Panorama site, a significant Aboriginal area in New South Wales.

What it does: It extends an existing emergency declaration made under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 for an additional 30 days. Emergency declarations temporarily prohibit activities that could harm culturally significant Aboriginal sites while longer-term protection measures (such as permanent heritage listings or conservation agreements) are arranged.

Who it affects: Anyone planning to undertake activities at the Wahluu Mount Panorama site that could damage the area, as the existing restrictions and prohibitions remain in force during the extended period.

Why it matters: This ensures continuous protection of the site without a gap in coverage. Emergency declarations are short-term legal tools (like a temporary injunction) that prevent harm to sacred sites or culturally significant landscapes while governments work out permanent solutions.

JSON API

Deep dive

Want the full deep dive?

Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.

Current sections

Direct links to the current provisions in Aboriginal and Torres Strait Islander Heritage Protection (Wahluu Mount Panorama Site) Emergency Declaration 2021-Extension.

Part 1

Preliminary matters

Part 1 - Preliminary matters

Name

This instrument is the Aboriginal and Torres Strait Islander Heritage Protection (Wahluu Mount Panorama Site) Emergency Declaration 2021-Extension.

Commencement

This instrument commences on 5 April 2021.

Repeal

This instrument is repealed on 4 May 2021.

Authority

This instrument is made under section 9 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984.

Definitions

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:

(a) Aboriginal;
(b) area;
(c) significant Aboriginal area.

In this instrument:

Act means the Aboriginal and Torres Strait Islander Heritage Protection Act 1984.

Wahluu Mount Panorama Site Emergency Declaration 2021 means the Aboriginal and Torres Strait Islander Heritage Protection (Wahluu Mount Panorama Site) Emergency Declaration 2021 made under subsection 9(1) of the Act on 5 March 2021, which was registered on 5 March 2021 and commenced on 6 March 2021.

Part 2

Extension of emergency declaration to preserve and protect a significant Aboriginal area

Part 2—Extension of emergency declaration to preserve and protect a significant Aboriginal area

Extension of emergency declaration

(a) Under subsection 9(3) of the Act, it is declared that the Wahluu Mount Panorama Site Emergency Declaration 2021 shall remain in effect for a further period of 30 days beyond the day on which it would otherwise cease to have effect.

(b) The Wahluu Mount Panorama Site Emergency Declaration 2021 is repealed the day after the end of the period specified in paragraph (a).

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

Part 1 Preliminary matters