The Environment Protection and Biodiversity Conservation Act 1999 protects places of World Heritage, National Heritage and Commonwealth Heritage, The Commonwealth Heritage List includes places such as Federally owned telegraph stations, defence sites, migration centres, customs houses, lighthouses, national institutions such as Parliament and High Court buildings, memorials, islands and marine areas. The Australian National Heritage List is a heritage register, including natural, historic and indigenous places deemed to be of outstanding heritage significance to Australia.
The Natural Heritage Trust (NHT) was set up in 1997 by means of the Natural Heritage Trust of Australia Act 1997, with the main objective of conserving the "natural capital infrastructure" of Australia. Money from the NHT Account must be spent on the environment, sustainable agriculture and natural resources management (NRM).[4] Funding is supplied to community groups and organisations for environmental and natural resource management projects, delivered via a number of different initiatives since 1997, including "Caring for Our Country".[5] As of June 2020[update], the NHT account is funding a program known as Phase Two of the National Landcare Program.[6]
Other Commonwealth legislation which affects Indigenous cultural heritage includes:
The goal of NSW legislation is to conserve and manage the state's cultural and natural heritage of places, objects, and features of cultural, scientific, architectural or social significance, including to the state's Aboriginal peoples, and to promote public appreciation of such places and objects. Its instruments are the National Parks and Wildlife Act 1974[10] and the National Parks and Wildlife Amendment (Aboriginal Ownership) Act 1996 (No. 142). The latter amends the former to "provide for Aboriginal ownership of land of Aboriginal cultural significance reserved or dedicated under that Act; to amend the Aboriginal Land Rights Act 1983 to provide for the grant of certain land claims subject to lease, and reservation or dedication, of the land under the National Parks and Wildlife Act 1974;..." and other purposes.[11]
The Heritage Act 1977 (NSW) also provides for the conservation of environmental heritage items in New South Wales.[12]
On occasion, damage to the environment and Aboriginal heritage has been considered in the Land and Environment Court of New South Wales, such as when Chinese billionaire Kuizhang Guo built illegal structures, planted exotic species and built a bar inside a heritage-listed Aboriginal rock cave on Crown land.[13]
The State Heritage Inventory is a database of heritage items in New South Wales which includes:[14]
declared Aboriginal Places;
items listed on the State Heritage Register;
listed Interim Heritage Orders;
items on State Agency Heritage Registers; and
items listed of local heritage significance on a local council's Local Environmental Plan.
The Aboriginal Heritage Act 1988 aims to protect and preserve South Australia's Aboriginal heritage.[21] While the Act maintains the Aboriginal Heritage Register for the previous legislation it also provides blanket protection for all Aboriginal heritage, whether on the register or not. It also establishes an Aboriginal Heritage Committee of indigenous people appointed by the minister.[22]
Tasmania
The Historic Cultural Heritage Act 1995 aims to promote the protection and conservation of places of historic cultural heritage significance in Tasmania. The Act established the Tasmanian Heritage Council and the Tasmanian Heritage Register.[23]
Victoria
Victorian Aboriginal heritage protection is governed by the Aboriginal Heritage Act 2006. Under the Act all Aboriginal culturally significant aspects are protect by Victorian Law. A steering committee, The Aboriginal Heritage Council was established to allow government a consultation and steerage functionality back to the major Aboriginal Communities within Victoria, referred to as Registered Aboriginal Parties.[24][25]
The Heritage Act 2017[26] provides for the protection and conservation of historical places and objects of cultural heritage significance and the registration of such places and objects. The Act establishes a Heritage Council to oversee heritage policy and implementation; and a Victorian Heritage Register, for listing and protection of places of significance to the state of Victoria.[27] archaeological heritage is also protected by the Heritage Act through blanket protection of archaeological places and objects greater than 50 years old, and through the Victorian Heritage Inventory of historical archaeological sites, as well as historic shipwrecks.[28][29]
The Planning & Environment Act 1987 includes provisions for protecting heritage through Local Planning Policies, and listing places on the Municipal Planning Scheme Heritage Overlay.[30]
^"Aboriginal Affairs". Department of Planning and Community Development, Aboriginal Affairs Victoria. Archived from the original on 10 April 2013. Retrieved 10 December 2013.
^"Aboriginal Cultural Heritage". Department of Planning and Community Development, Aboriginal Affairs Victoria. Archived from the original on 11 April 2013. Retrieved 10 December 2013.
^"Heritage Act 2017". Victorian legislation. Victorian Government. 6 April 2020. Retrieved 2 July 2020. [1]Archived 19 April 2022 at the Wayback Machine (Updated version of the Heritage Act 1995, commencing 1 November 2017. "Heritage Act 1995". Victorian legislation. Retrieved 2 July 2020.)
