This category relates to the processes involved in dealing with indigenous Cultural Heritage and Native Title issues.
Indigenous Cultural Heritage is protected under the Aboriginal Cultural Heritage Act 2003 and the Torres Straight Islander Cultural Heritage Act 2003, administered by the Environmental Protection Agency. In practice, cultural heritage issues with respect to developments are managed "on the ground", by agreement between the private party and the relevant indigenous groups. This approach manages the risk of contravention of the legislation and deals with the concerns of the indigenous parties with respect to protection of their cultural heritage.
Whether or not Native Title issues arise will depend upon a range of factors including the current and past uses of the land or waters, the proposed development of the area and the nature of authorities, permissions and titles required. This is the case regardless of whether a Native Title claim has been lodged or determined over the area.
The state is conscious of its obligations under the Native Title Act 1993 (Cth) which recognises and protects Native Title rights and interests. These obligations are reflected in comprehensive departmental procedures to assess the impact of proposed dealings on Native Title (if any). Where the proposed development may affect Native Title, the Native Title Act 1993 (Cth) may require procedural and other rights to be afforded to Native Title parties. In some cases this may involve the negotiation of an agreement between the private party and the Native Title parties.