Aboriginal Areas Protection Authority

Protection of Aboriginal Sacred Sites

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.

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…”

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

Custodians of sacred sites

Custodians have responsibility for the management of sacred sites – for their safe keeping, and for their proper use

“…an Aboriginal who, by Aboriginal tradition, has responsibility for that site…”

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

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

Authority Certificates 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 Sets the conditions (if any) under which the proposed work may be carried out.

Conditions are set by AAPA based on the advice of Aboriginal custodians, to protect any sacred sites in the area.

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

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.

The Authority Certificate Process

Limited works may be possible within the bounds of a sacred site

Confidential site information is not disclosed

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

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

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

Mining Related Authority Certificates

Mining, Exploration, Oil and gas related projects made up 13% of AAPA Authority Certificate applications in 2012-13

Typically mining applications are:

- Remote

- Involve large areas

- Are multi year programs

- Expensive clearances

Mining Related Authority Certificates To reduce costs and improve timeframes:

- Phased approaches

- Targeted clearances

- Early planning and discussion

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

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)

Contact information

Alice Springs office Belvedere House, Corner Bath & Parsons Streets P.O. Box 3656, Alice Springs, NT 0871 Tel: (08) 89526366 Facsimile: (08) 89522824

Email: enquiries@nt.gov.au

Website: http://www.aapant.org.au

Darwin office

47 Mitchell Street Darwin R.C.G Centre, 4th Floor GPO Box 1890, DARWIN NT 0801 Tel: (08) 899 95511 Facsimile: (08) 899 94334