Work Area Clearance Agreement

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The Aboriginal and Torres Strait Islander Heritage Protection Act (Cth) 1984 (the «Act») is a law of last resort. The Commonwealth Minister may act to protect Indigenous heritage if he or she considers that the laws of the State or Territory do not provide adequate protection for the threatened area or object. If state or territorial laws provided effective protection, there would be less need for Commonwealth law. Properties identified as Heritage Agreement areas in the registered agreement or plan may be subject to a reduced assessment and subsequent reduction of certain rates and taxes. The discount is based on the real estate valuations of the state valuation office and varies from property to property in the state. By working with traditional owners and the Ngarluma Native Title Prescribed Body Corporate, our traditional owners have greater control over their cultural heritage. Cultural heritage is one of the many activities carried out by the NAC. We actively advise mining and government agencies where heritage is applicable in different parts of our country. These agreements can be adapted to a variety of mining and industrial companies, from government service providers to mining and the private sector.

Large grants help achieve large-scale conservation results, create corridors and links between private nature reserves, or achieve conservation results on large plots. These high grants will also encourage the addition of several cultural heritage agreements to a single grant. Most states and territories criminally criminally damage, destroy or disturb Indigenous sites or objects. Some legal regulations protect relics, while others protect areas and objects important to Indigenous people. Penalties range from $500 for an individual to a maximum of $50,000 for a corporation, but so far there have been few prosecutions. These laws are considered inadequate because they are difficult to enforce, because they do not give Aboriginal people the adequate power to enforce them, and because it is difficult to prove the necessary intent contained in the crimes. A Future Act is a term used in the Native Title Act of 1993 to describe a proposed activity that may affect Aboriginal title. Future laws give the Ngarluma people the right to be informed and consulted about development activities affecting our country. Since our official establishment in 2007, the NAC`s Board of Directors and legal team have negotiated and concluded numerous cultural heritage agreements with companies operating on Ngarluma lands. The level of protection available under certain laws and the level of protection actually granted in practice vary considerably. One type of protection regime is based on site registration in combination with a development application process.

In another model, automatic or full protection is provided for all areas or objects covered by the legal definitions. Full protection means that all areas and sites covered by the legal definition of cultural heritage are automatically protected by sanctions that criminalise causing damage or desecration to the territory or territory, whether or not the area has been assessed or registered. In this type of regime, there are usually procedures for developers to request permission to proceed with development if there is a risk of damage to an area or website. Inscription may be conclusive evidence that the site is an Aboriginal site (Victoria, Northern Territory, South Australia). .