Aboriginal Heritage Act 1972

The Aboriginal Heritage Act 1972 (AHA) was introduced in Western Australia in 1972 to protect Aboriginal heritage. The Act recognises Aboriginal peoples' strong relationships to the land, which may go back many thousands of years.

The AHA provides automatic protection for all places and objects in Western Australia that are important to Aboriginal people because of connections to their culture. These places and objects are referred to as Aboriginal sites.

DIA maintains a Register of Aboriginal Sites as a record of places and objects of significance to which the Act applies. The presence of an Aboriginal site places restrictions on what can be done to the land. Anyone who wants to use land for research, development or any other cause, must investigate whether there is an Aboriginal heritage site on the land.

The Minister for Indigenous Affairs is responsible for the administration of the Act. Under the Act it is an offence for anyone to excavate, damage, destroy, conceal or in any way alter an Aboriginal site without the Minister's permission. DIA assists the Minister in the administration of the Act.

Link to the full Aboriginal Heritage Act 1972

Other legislation relating to Aboriginal heritage management

Commonwealth:

Native Title Act

Native title describes the rights and interests of Aboriginal and Torres Strait Islander people in land and waters, according to their traditional laws and customs, that are recognised under Australian law.

The High Court's 1992 Mabo decision overturned the idea that the Australian continent belonged to no one at the time of Europeans' arrival. It recognised for the first time that Indigenous Australians may continue to hold native title.

Aboriginal and Torres Strait Islander people can apply to the courts to have their native title rights recognised under Australian law. Native title holders have the right to be compensated if governments acquire their land or waters for future developments.

Aboriginal and Torres Strait Islander Heritage Protection Act 1984

Protection of places of significance to Indigenous Australians is provided through the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 which the Indigenous Heritage Section of the Department of the Environment, Water, Heritage and the Arts administers. The Act offers protection for significant places or objects through ministerial decision.

Aboriginal people who believe that a place or object is threatened and believe that state government processes offer inadequate protection can apply to the Australian Government Environment Minister to protect the place or object.

Environment Protection and Biodiversity Conservation Act 1999

The Environment Protection and Biodiversity Conservation Act 1999 protects the environment, particularly matters of National Environmental Significance (Protected matters). It streamlines national environmental assessment and approvals process, protects Australian biodiversity and integrates management of important natural and cultural places. 

Protection of Movable Cultural Heritage Act

An Act to protect Australia's heritage of movable cultural objects, to support the protection by foreign countries of their heritage of movable cultural objects, and for related purposes.

Australian Heritage Commission Act

An Act to establish the Australian Heritage Council, and for related purposes. The role of the Australian Heritage Council are outlined in the Act.

Western Australia:

Aboriginal Heritage Regulations 1974

The Aboriginal Heritage Regulations 1974 are regulations applying to any Aboriginal site or protected area or land held subject to a convenant in favour of the Minister in relation to which the Minister has a duty under the Aboriginal Heritage Act 1972.

Western Australian museum

Since its inception, the Western Australian Museum has had as one of its prime directives the aim "to make and preserve on behalf of the community of the State collections representative of the Aborigines of the State..."

Other States/Territories:

Australian Capital Territory
Under the Heritage Act 2004 the ACT Heritage Council is responsible for keeping a register of heritage places and objects in the ACT in the ACT.

New South Wales
The Heritage Act protects the State's natural and cultural heritage. Aboriginal places or objects that are recognized as having high cultural value are listed on the State Heritage Register.

Northern Territory
The Department of Natural Resources Environment and the Arts is responsible for managing the Territory’s Indigenous cultural and natural heritage under the Heritage Conservation Act 1991.

Queensland
Indigenous cultural heritage is administered under the Aboriginal Cultural Heritage Act 2003 and the Torres Strait Islander Cultural Heritage Act 2003 by the Department of Natural Resources and Water.

South Australia
The Aboriginal Affairs and Reconciliation Division is the South Australian Government's lead agency on Aboriginal affairs matters.

Tasmania
The Department of Environment, Parks, Heritage and the Arts is responsible for Aboriginal heritage management in Tasmania.

Victoria
Victoria’s Aboriginal cultural heritage is protected by the Aboriginal Heritage Act 2006.