Part I - Other Considerations - Richmond Valley Council

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Richmond Valley Development Control Plan 2012Aboriginal cultural heritage consists of places and items that are ofsignificance to Aboriginal people because of their traditions, observances,lore, customs, beliefs and history. It provides evidence of the lives andexistence of Aboriginal people before European settlement through to thepresent. Aboriginal cultural heritage is dynamic and may comprise physical(tangible) or non-physical (intangible) elements. It includes things made andused in traditional societies, such as stone tools, art sites and ceremonial orburial grounds. It also includes more contemporary and/or historical elementssuch as old mission buildings, massacre sites and cemeteries. Tangibleheritage is situated in a broader cultural landscape and needs to beconsidered in that context and in a holistic manner.While a number of sites of Aboriginal archaeological and heritage significanceare known and have been recorded within the Richmond Valley LGA, specificsurveys for Aboriginal objects have not been done over much of the area.Therefore, there is potential for Aboriginal cultural heritage to exist in manylocations even though they have not been formally recorded.(1) Aboriginal Heritage and the LEPClause 5.10(8) of the Richmond Valley LEP requires development consent tocarry out development within an Aboriginal place of heritage significance. Thedictionary defines an Aboriginal place of heritage significance as landidentified in an Aboriginal heritage study adopted by Council. At this pointCouncil has not undertaken an Aboriginal heritage study. It is a high prioritywithin Council’s Community Strategic Plan but subject to resourcing. As such,and for the purposes of the LEP, clause 5.10(8) will be ineffective until suchtime as a Study has been prepared, undergone community consultation, beenaccepted by the Aboriginal community and adopted by Council.(2) Aboriginal Heritage and National Parks and Wildlife ActThe National Parks and Wildlife Act 1974 (NPW Act), administered by theOffice of Environment and Heritage (OEH), is the primary legislation for theprotection of some aspects of Aboriginal cultural heritage in New SouthWales.Part 6 of the NPW Act provides specific protection for Aboriginal objects anddeclared Aboriginal places by establishing offences of harm. There are anumber of defences and exemptions to the offence of harming an Aboriginalobject or Aboriginal place. One of the defences is that the harm was carriedout under an Aboriginal Heritage Impact Permit (AHIP)(a) Aboriginal objectsAboriginal objects are physical evidence of the use of an area by Aboriginalpeople. They can also be referred to as ‘Aboriginal sites’, ‘relics’ or ‘culturalmaterial’.Aboriginal objects include:‣ physical objects, such as stone tools, Aboriginal-built fences andstockyards, scarred trees and the remains of fringe camps‣ material deposited on the land, such as middens‣ the ancestral remains of Aboriginal people.Part I – Other Considerations – Heritage I.20
Richmond Valley Development Control Plan 2012‣ Handicrafts made by Aboriginal people for sale are not 'Aboriginalobjects' under the NPW Act.(b) Aboriginal placesThe NPW Act can also protect areas of land that have no Aboriginal objects,that is, they may have no physical evidence of Aboriginal occupation or use.These areas can be declared ‘Aboriginal places’.The Minister can declare an area to be an ‘Aboriginal place’ if the Ministerbelieves that the place is or was of special significance to Aboriginal culture.An area can have spiritual, natural resource usage, historical, social,educational or other type of significance.(c) Aboriginal Heritage Information Management System (AHIMS)DatabaseOEH keeps a register of notified Aboriginal objects and declared Aboriginalplaces in NSW. The register is called the Aboriginal Heritage InformationManagement System (AHIMS).You can search AHIMS to discover if an Aboriginal object has been recorded,or an Aboriginal place declared, on a parcel of land. Or use the AHIMS WebService (AWS) to carry out an internet-based search for information aboutrecorded Aboriginal objects, gazetted Aboriginal places and features ofsignificance.Please note that surveys for Aboriginal objects have not been done in manyparts of NSW. Aboriginal objects may exist on a parcel of land even thoughthey have not been recorded in AHIMS.If you discover something you believe should be registered as an Aboriginalobject, contact the Aboriginal Heritage Information Unit.(d) Due DiligenceAnyone who exercises due diligence in determining that their actions will notharm Aboriginal objects has a defence against prosecution for the strictliability offence if they later harm an object.The Due Diligence Code of Practice for the Protection of Aboriginal Objects inNSW, can be used by individuals or organisations who are contemplatingundertaking activities which could harm Aboriginal objects. This code willprovide a process whereby a reasonable determination can be made as towhether or not Aboriginal objects will be harmed by an activity, whether furtherinvestigation is warranted and whether the activity requires an AHIPapplication.Due diligence may also be exercised by complying with industry-specificcodes of practice that have been adopted under the National Parks andWildlife Regulation 2009.For further information of undertaking a Due Diligence assessment refer to theCode. A copy of the Code can be downloaded from the Office of Environmentand Heritage website at:www.environment.nsw.gov.au/resources/cultureheritage/ddcop/10798ddcop.pdf(e) Aboriginal Heritage Impact Permit (AHIP)An Aboriginal Heritage Impact Permit (AHIP) is the statutory instrument thatOEH issues under section 90 of the National Parks and Wildlife Act 1974 tomanage harm or potential harm to Aboriginal objects and places.Part I – Other Considerations – Heritage I.21
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Part I - Other Considerations - Richmond Valley Council

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