the following may be of interest - for some it maybe thought to be too
late - eg at Sandon Pt - but still have a look anyway

cheers

Kerrie C

http://www.npws.nsw.gov.au/culture/abimpact.htm

NPWS Draft Aboriginal Heritage Impact Assessment Guidelines
http://www.npws.nsw.gov.au/culture/draft_aboriginal_heritage_assessment_guidelines.pdf

The majority of Aboriginal heritage assessments in NSW are conducted in
the context of development proposals. Assessments mainly focus on
archaeological surveys. They generally do not adequately identify the
historical and social significance of the development area to Aboriginal
people, or assess the impacts of the development on all heritage values.

Changes to legislation protecting Aboriginal heritage

In December 2001, the NSW Parliament passed amendments to the National
Parks and Wildlife Act
<http://www.legislation.nsw.gov.au/viewtop/inforce/act+80+1974+FIRST+0+N>
(NPW Act) that govern the protection of Aboriginal heritage. The
amendments are summarised below - please note that some of them have not
yet come into effect.

     * In section 5 of the NPW Act, the term 'relic' has been changed to
       'Aboriginal object' (this amendment has already come into effect).
     * Under section 91AA, the NPWS Director-General can order the
       stoppage of work that is likely to significanctly affect an
       Aboriginal object or Aboriginal place (this amendment has already
       come into effect).
     * Section 90 consents will be renamed 'heritage impact permits'.
     * The desecration of Aboriginal objects or Aboriginal places will be
       added to the list of offences in section 90.
     * Currently, it is an offence under section 90 of the NPW Act to
       'knowingly' destroy or damage an Aboriginal object or Aboriginal
       place. Under the amended section 90, there will be a defence for
       people who take reasonable precautions or exercise due diligence.

More information

See the National Parks and Wildlife Amendment Act
<http://www.legislation.nsw.gov.au/viewtop/inforce/act+130+2001+FIRST+0+N>
for more details on the changes made.

What happens next?

As a result of the changes to section 90 of the NPW Act (see above),
developers and consent authorities will need to undertake due diligence
when they assess the impacts of a development proposal on Aboriginal
heritage.

To make this work, the NPWS has developed draft Aboriginal Heritage
Impact Assessment Guidelines. These guidelines will assist developers,
planners, consultants, consent and determining authorities to identify
and assess Aboriginal heritage values that may be affected by a
development proposal.

You can download the draft Aboriginal Heritage Impact Assessment
Guidelines below. It is envisaged that they will replace the following
NPWS guidelines:

     * Guidelines for Aboriginal consultants' reports
     * Guidelines for Archaeological survey reporting; and
     * Guidelines for Aboriginal heritage impact assessment in the
       exploration and mining industries.

What do you think? Comment on the draft guidelines

The NPWS is seeking comments on the draft Aboriginal Heritage Impact
Assessment Guidelines. To make a comment, email Ann O'Loughlin
<mailto:[EMAIL PROTECTED]> or write to the following address:

Aboriginal Heritage Impact Assessment Guidelines
Cultural Heritage Division
NPWS
PO Box 1967
Hurstville NSW 2220

Please send all comments by 2 May 2003.

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