Aboriginal Areas Protection Authority. Protection of Aboriginal Sacred Sites
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1 Aboriginal Areas Protection Authority Protection of Aboriginal Sacred Sites
2 The Aboriginal Areas Protection Authority The Aboriginal Areas Protection Authority (AAPA) is a statutory body established under the Northern Territory Aboriginal Sacred Sites Act (NTASSA), and has the responsibility to administer the Act.
3 The Northern Territory Aboriginal Sacred Sites Act An Act to effect a practical balance between the recognized need to preserve and enhance Aboriginal cultural tradition in relation to certain land in the Territory and the aspirations of the Aboriginal and all other peoples of the Territory for their economic, cultural and social advancement
4 What is a sacred site? a site that is sacred to Aboriginals or is otherwise of significance according to Aboriginal tradition Hills, rock outcrops, waterholes, trees, reefs, and other natural features may be sacred sites Ochre places, burial sites, rock art sites and ceremony grounds may also be sacred sites
5 Custodians of sacred sites an Aboriginal who, by Aboriginal tradition, has responsibility for that site Custodians have responsibility for the management of sacred sites for their safe keeping, and for their proper use
6 Register of Sacred Sites Comprehensive information -for registered sites entered in the Register of Sacred Sites Entered at request of Aboriginal custodians Sites are mapped and fully researched, before Board review & approval Authority Certificate Register All Certificates issued, including applications, conditions and Restricted Work Areas. Also details any refusals
7 Information from Records An Abstract (Information from Records) will identify : Registered sites comprehensively documented; including boundary & location Recorded sites made known to AAPA from a variety of sources. In many cases the AAPA has not been able to assess the accuracy of recorded sites information, nor have these sites been fully mapped Restricted Work Areas information on areas where proposed works may have been constrained by site protection conditions
8 An Authority Certificate Sets the conditions (if any) under which the proposed work may be carried out. Authority Certificates Conditions are set by AAPA based on the advice of Aboriginal custodians, to protect any sacred sites in the area. Individuals, government agencies and companies who plan to undertake works can apply for written advice specifying the constraints (if any) to a particular activity imposed by the existence of sacred sites An Authority Certificate indemnifies against prosecution under the offence provisions of the NTASSA, provided the conditions of the certificate are complied with this is a risk management tool
9 The Authority Certificate Process Consultations with Aboriginal custodians about the work proposed to identify the possible impact on sacred sites on or near the proposed works. Certificate conditions define works that can and cannot be carried out in order to protect sacred sites risk management is AAPA s responsibility Where there are no sacred sites a certificate can be issued with no specific conditions attached. Limited works may be possible within the bounds of a sacred site Confidential site information is not disclosed
10 On average it takes about 120 days to issue an Certificate Applicants need to build this into their schedule along with other planning and statutory requirements. The certificate process is open and accountable, with review procedures specified by the Act
11 It is an offence under the NTASSA to: enter or remain on a sacred site carry out unauthorized works on a sacred site (i.e. damage) desecrate a sacred site; or carry out works which contravene the conditions of an Authority Certificate
12 The Sacred Sites Act and Exploration in the NT: A risk management scheme for the protection of sacred sites Minimises controversy Applies best practice Entails a legal indemnity against prosecution A voluntary scheme that forms part of the regulatory framework in the Northern Territory, and may be mandated by other approvals processes Sacred site protection should be part of the early planning for any project
13 Mining Related Authority Certificates Mining, Exploration, Oil and gas related projects made up 13% of AAPA Authority Certificate applications in Typically mining applications are: - Remote - Involve large areas - Are multi year programs - Expensive clearances
14 Mining Related Authority Certificates To reduce costs and improve timeframes: - Phased approaches - Targeted clearances - Early planning and discussion
15 The Aboriginal Land Rights Act and the Sacred Sites Act Section 23(1)(b)(a) of the Aboriginal Land Rights Act defines a role for land councils to assist in the protection of sacred sites Section 22(1)(b) of the Sacred Sites Act provides a mechanism for issuing Authority Certificates based on a land council agreement
16 Productivity Commission Mineral and Energy Exploration Inquiry Report AAPA hosts a sacred sites register which the Productivity Commission regards as a model to be adopted nationally (page 21) The Sacred Sites Act and the Authority takes away the risk, cost and copyright issues faced in other states where the onus is on the company to negotiate and reach agreement with traditional owners (page 173)
17 Contact information Alice Springs office Darwin office Belvedere House, Corner Bath & Parsons Streets P.O. Box 3656, Alice Springs, NT 0871 Tel: (08) Facsimile: (08) Mitchell Street Darwin R.C.G Centre, 4 th Floor GPO Box 1890, DARWIN NT 0801 Tel: (08) Facsimile: (08) enquiries@nt.gov.au Website:
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