The Bill introduces a standard set of compliance and enforcement tools, making compliance obligations clearer. Features of the compliance system include:
An Audit system for authorised activities
Stop Orders to prevent or respond to harm in urgent or emergency cases
Protection Orders for places and objects of high sensitivity and/or significance
Maximum penalties for causing harm to Aboriginal heritage remain in the Bill and are now supported by a full range of lesser offences and proportionate penalties.
Aboriginal Heritage Audits
The Bill will introduce Audits as a compliance tool for authorised activities. The Minister may order an Audit on their own initiative, or the Aboriginal Heritage Council may recommend to the Minister that an Audit be undertaken.
An Audit may be required when:
An activity has contravened the conditions of an Aboriginal heritage authorisation (i.e. a Management Plan or a Permit)
The impact on Aboriginal heritage is greater than assessed at the time the authorisation was granted
An Audit will be accompanied by a Stop Order.
Stop Orders
The legislation will introduce Stop Orders as a temporary measure for when an urgent intervention is needed for an activity that is harming, or threatens to harm:
Aboriginal heritage, or
An object or site which is the subject of an application for registration as nominated Aboriginal heritage
A person who claims to be adversely affected by a Stop Order will have a right to appeal.
Protection Orders
Protection Orders are a new ‘last line of defence’ measure to provide the highest level of protection for Aboriginal heritage. Protection Orders may be issued by the Minister for Aboriginal Affairs when there is no other way to protect Aboriginal heritage. The Bill introduces two proposed forms:
Interim Protection Orders: Council and affected parties must be consulted before issuing
Enduring Protection Orders: must be approved by Parliament following a (minimum 28-day) period in which affected parties may make representations.