05 November 2023
3 min read
#Native Title & Indigenous Cultural Heritage
Published by:
During the recent General Assembly held in Sydney, the International Council on Monuments and Sites (ICOMOS) resolved to ensure that the significance and values of Indigenous tangible and intangible heritage, including cultural landscapes and biodiversity, are incorporated in ICOMOS practice and activities.
During her address to the assembly, Federal Environment Minister Tanya Plibersek pledged to change “the lens through which we view heritage” to include the “indigenous perspective to authentically preserve and protect Australia’s history.” She also announced a $5.5 million grants program, to be implemented later this year, to provide for Australia’s existing World Heritage properties to be reassessed for cultural values.
Of Australia’s current 20 UNESCO World Heritage sites, four sites have been included on the World Heritage list based on the recognition of both mixed natural and Indigenous cultural heritage significance: Kakadu National Park, Uluru-Kata Tjuta National Park, the Willandra Lakes Region and the Tasmanian Wilderness to date. Only one – the Budj Bim Cultural Landscape – was listed exclusively based on its outstanding Indigenous cultural heritage values.
To be listed on the World Heritage list, a site must first be nominated by the country in which it is located. In Australia, a site must first be entered on the National Heritage List, maintained under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act).
Nominated sites are evaluated by experts selected by ICOMOS and the International Union for Conservation of Nature and Natural Resources (IUCN). Based on the expert reports, ICOMOS provides a formal recommendation regarding the nominated properties. A representative of ICOMOS then presents these recommendations to UNESCO’s World Heritage Committee, comprising of 21 rotating nations, who make the final decision to inscribe a site on the list.
The World Heritage Committee evaluates potential sites against ten criteria that encompass both natural and cultural aspects. Initially, these criteria mainly focused on European perspectives but have gradually transitioned to further recognise Indigenous perspectives. The site of Uluru-Kata Tjuta illustrates this transition. Originally designated as a World Heritage site in 1987, solely for its natural qualities, it was reclassified in 1994 to encompass its significance to the Traditional Owners, the Anangu People.
In February 2023, the Federal Government nominated Murujuga National Park for UNESCO World Heritage listing as a significant Indigenous cultural heritage site. If listed, the park will be the second site to receive World Heritage status solely for its Indigenous cultural significance, after the Budj Bim Cultural Landscape.
The World Heritage Convention is an international treaty that protects cultural and natural heritage around the world. It requires State parties to sanction any breach of its provisions. State parties are required, within the framework of their ordinary criminal jurisdiction, to prosecute and punish individuals who breach the Convention. In Australia, it is an offence under the EPBC Act to take an action that has or will have a significant impact on World Heritage values of declared World Heritage properties.
State and territory legislation, including The Heritage Act 1977 (NSW), Aboriginal Cultural Heritage Act 2003 (Qld) and Aboriginal Heritage Act 2006 (Vic), also protect the cultural heritage values of sites (including World Heritage sites) and prohibit actions that may impact cultural heritage properties.
The Federal Government’s announcement and ICOMOS resolution paves the way for listing further sites solely based on Indigenous cultural values.
If you have any questions about this article, please get in touch with a member of our local government team below.
Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.
Published by:
