Department of Sustainability, Environment, Water, Population and Communities

Australian Heritage Council

Nominating Places to

the National Heritage List

A Guide for Indigenous Communities

Front and back cover photo credits

The Brewarrina Aboriginal Fish Traps (Baiame’s Ngunnhu), NSW

Vincent Lingiari OAM with the Prime Minister Gough Whitlam, NT - National Archives of Australia

The Dampier Archipelago (including Burrup Peninsula), WA - Melinda Brouwer

Willandra Lakes Region, NSW - John Houldsworth

Wilgie Mia Aboriginal Ochre Mine, WA - Yamatji Marlpa Aboriginal Corporation

Hermannsburg Historic Precinct, NT - Annie Crawford

The Cyprus Hellene Club–Australian Hall, NSW - State Library of NSW

This work is protected by copyright law. Apart from any use permitted by the Copyright Act 1968 (including research or study) no part

may be produced by any process, reused or redistributed for any commercial purpose or distributed to a third party for such purpose,

without prior written permission from the Department of Sustainability, Environment, Water, Population and Communities. All data

included in this document are presumed to be correct as received from data providers. No responsibility is taken by the

Commonwealth

for errors or omissions, and the Commonwealth does not accept responsibility in respect to any information or advice given in relation

to, or as a consequence of anything contained therein.

© Commonwealth of Australia 2012

The Australian Heritage Council acknowledges the traditional owners and custodians of all of

Australia’s national heritage places and their continuing connection to land, sea and community. We pay our respect to them and their culture, and

to their elders both past and present.

Nominating Places to the National Heritage

List

A Guide for Indigenous Communities

What Is The National Heritage List?

What Is The National Heritage List?Table of Contents

Map of National Heritage Listed Places for Indigenous Values 2

Introduction 3

What is Heritage? 4

What is the National Heritage List? 5

What is Indigenous Heritage? 6

Important Information About Nominating a Place for the National Heritage List7

Understanding Nomination Language 8

Nominating a Place for the National Heritage List 13

What happens after you have Nominated a Place? 15

A Place on the National Heritage List 17

National Heritage Criteria Section 18

Alternative Methods of Recognition and Protection Section 30

Heritage Contacts Section 32

Map of National Heritage Listed

Places for Indigenous Values

At June 2012

2

Introduction

This Guide for Indigenous communities is a snapshot of the NationalHeritage List and provides important information about the nomination process to include a place on the National Heritage List.

The Guide aims to help communities understand

some of the language used in a nomination for

the National Heritage List. It is important everyone

understands this language.

It also provides information about other options

available to protect a heritage place and have it

recognised if national heritage listing isn’t the best

option for your place.

If you would like more information about the National

Heritage List nomination process or additional copies

of this Guide feel free to contact the Australian

Government environment department.

Phone number: 1800 803 772

Email: ciu@environment.gov.au

Mail: Community Information Unit

Department of Sustainability, Environment,

Water, Population and Communities

GPO Box 787, Canberra ACT 2601

On 20 July 2004, the Gunditjmara traditional owners celebrated Australia’s first place on the National Heritage List – the Budj Bim National Heritage Landscape – Mt Eccles Lake Condah Area in far south west Victoria (Photo: Gunditj Mirring Traditional Owners Aboriginal Corporation).

3

What is Heritage?

Heritage includes the places, traditions, events and experiences that we treasure and want to pass on to future generations.

Heritage is important to the Australian community

because it tells the stories of our past, of our

nation’s development, our spirit and our unique

living landscapes.

By identifying our heritage we can protect, manage

and conserve our culture, ensuring that our nation’s

heritage will continue to be enjoyed by future

generations.

There are a number of ways the heritage of a

place can be protected and recognised. In

Australia

there are five main types of heritage lists – World,

National, Commonwealth, state/territory and local.

The Australian Government maintains the World,

National and Commonwealth Heritage Lists.

Most of Australia’s state and territory governments

maintain lists or registers of recorded Indigenous

heritage places that are protected under state

and territory laws. Heritage places that may have

Indigenous values can also be listed on non–

Indigenous local and state heritage registers.

See the Alternative Methods of Recognition and

Protection section for more information on other

ways to recognise and protect your place.

It may be useful to talk with Australian,

state/territory or local government agencies.

These agencies have heritage officers who can

give you advice. See the Heritage Contacts

section at the back of this Guide.

4

What is the National Heritage List?

The National Heritage List is made up of the places and stories that are recognised to have outstanding heritage value to the nation – these places are important to all Australians, today and into the future.

To be included on the National Heritage List a

place must be one of the best examples of its

type when compared to other similar places in

Australia.

Places can be listed for their Indigenous, natural or

historic heritage values, or a combination of these.

The entry level or threshold of outstanding

heritage value to the nation for a place to be

added to the National Heritage List is very high.

The boundaries of a nominated place are

determined once the heritage values are known.

It is the heritage values of a place on the National

Heritage List that are protected under Australia’s

national environmental law – the Environment

Protection and Biodiversity Act 1999 (EPBC Act). Any

action that is likely to have a significant impact on the

heritage values of a place requires the approval of

the Australian Government environment minister.

National heritage listing does not affect native title

rights, change land tenure, access or ownership.

There are currently 97 places from around Australia

on the National Heritage List.

5

What is Indigenous Heritage?

Aboriginal and Torres Strait Islander culture is an important part of Australia’s history and heritage.

Indigenous heritage places tell stories of the

continuous links between Indigenous people and their

country. Indigenous heritage exists throughout the

lands and waters of Australia and all aspects of

country are important to Indigenous people as part of

their cultural heritage.

Witjira–Dalhousie Springs was included on the National Heritage List on 4 August 2009 for outstanding heritage value for being an integral part of Aboriginal tradition and life in northern South Australia. There is evidence of large camp sites found at the springs, some thousands of square metres in size and vast numbers of stone artefacts. It is the beginning of an exceptionally large number of traditional song lines and story lines in the Witjira National Park. (Photo: Yvonne Webster)

Indigenous heritage places can commemorate

important events such as the Day of Mourning

Protest that took place in the Cyprus Hellene Club –

Australian Hall in Sydney on Australia Day in 1938,

or the Myall Creek Massacre and Memorial Site

near Bingara in northern New South Wales.

The Cyprus Hellene Club–Australian Hall in NSW was included on the National Heritage List on 20 May 2008 because it was the place where the first national Indigenous protest action was held on the Day of Mourning, Australia Day 1938. (Photo: State Library of New South Wales).

Archaeology can also be a significant part of our

heritage as it provides evidence of how Indigenous

people survived and adapted to changing climates

and landscapes, the tools and technologies they

invented, and how people interacted with each other.

6

Important Information About

Nominating a Place for the National Heritage

List

This section provides important information and explains the nomination process for national heritage listing.

Everyone should know this information before

deciding to nominate a place to the National

Heritage List.

Nominations to the National Heritage List and

assessment of a nomination are legal processes

that can be complex, involves many steps and

takes time – it could take up to five years.

Anyone can nominate a place to the National

Heritage List but it is important that community

elders, other traditional owners and community

members support and agree that the National

Heritage List is the most suitable type of

protection for your place.

Once a nomination is made, the key people who

will assess a nomination are the Australian Heritage

Council the Australian Government’s key advisers

on national heritage matters. The Australian

Government’s environment department assist the

Minister and the Council.

If a nomination is assessed by the Australian

Heritage Council, by law they must inform the

public and ask for comments from landowners,

occupiers and Indigenous people with rights or

interests in the nominated place.

The Brewarrina Aboriginal Fish Traps (Baiame’s Ngunnhu) in NSW was included on the National Heritage List on 3 June 2005 because the place provides evidence of a sophisticated understanding by Aboriginal people of engineering, physics, the land and its natural resources.

7

Understanding Nomination Language

In the nomination form there is technical language, terms such asvalues, thresholds, criteria, comparative analysis, condition and authenticity that you need to understand.

These terms are important, as this is how you are

asked to describe your nominated place, to show

how your place has outstanding heritage value

to the nation.

ValuesValues are the qualities of a place that make it

special; they are the unique characteristics that

show why a place is important to all Australians.

Places can be listed for their Indigenous, natural or

historic heritage values, or a combination of these.

ThresholdsA threshold is the level of importance a

heritage value must reach to be included on

the National Heritage List.

The threshold for the National Heritage List is that

places and their stories must have outstanding

heritage value to the nation. The values must be

so special that they are considered to be

important to everyone in Australia.

This threshold is very high and fewer places are

included on the National Heritage List than those places on

state/territory or local heritage lists or registers.

The Brewarrina Aboriginal Fish Traps (Baiame’s Ngunnhu)in NSW is nearly half a kilometre long and consists of a series of dry-stone weirs and ponds arranged in the form of a net across the Barwon River. The size, design and complexity of the Ngunnhu is exceptionally rare in Australia. (Photo: Michael Lindquist)

Condition

Condition (also known as integrity) means how

well a place has been cared for and what

state of repair it is currently in. The condition of

a place can be an important consideration for

the Australian Heritage Council when they

assess the heritage significance of a nominated

place.

8

The ability of the nominated place to show

outstanding heritage value to the nation sometimes

depends on its condition. If a place has not been

cared for over a long period of time some of its

heritage values may have disappeared or are in

danger of disappearing.

AuthenticityAuthenticity means that a heritage place is the

real thing and hasn’t been re–created. This can

be an important consideration for some types of

values, such as where an important event took

place, or

is one of the last of its kind, or is important to the

scientific community, or is one of the best

examples of a type of place or building.

Authenticity of a heritage value can sometimes

be demonstrated through historical documents,

scientific research and archaeological material.

It can also be shown through stories that have been

handed down through the generations. If community

has been looking after, or have known about a place

for many generations, then the authenticity of a

place is obvious and undisputed.

The Myall Creek Massacre and Memorial site in NSW was included on the National Heritage List on 7 June 2008 because the massacre is the last time a colonial administration intervened to ensure the laws of the colony were applied equally to Aboriginal people and settlers involved in frontier killings. (Photo: Mark Mohell)

9

CriteriaCriteria are a set of standards or categories used

to describe why a place is of outstanding heritage

value to the nation.

The criteria help to explain the reasons why the

community think a place should be included on the

National Heritage List. In writing your nomination

you will need to explain why the place meets one

or more of the criteria.

A nominated place only needs to meet the high

threshold of outstanding heritage value to the

nation against one of the criteria for it to be

considered special and important enough to be on

the National Heritage List. It is better to make a strong

case against one of the criteria than a weaker case

against many.

The nine criteria for a nomination are:

a. The place has outstanding heritage value to the nation because of the place’s importance

in the course, or pattern, of Australia’s natural

or cultural history.

This means that a place has played an important

part in developing who we are as a nation.

b. The place has outstanding heritage value to the nation because of the place’s possession

of uncommon, rare or endangered aspects of

Australia’s natural or cultural history.

This means that a place is unusual or one of

the last of its type.

c. The place has outstanding heritage value to the nation because of the place’s potential to

yield information that will contribute to an

understanding

of Australia’s natural or cultural history.

This means that a place has the potential to

provide important information to better

understand Australia’s history or culture.

d. The place has outstanding heritage value to the nation because of the place’s importance

in demonstrating the principal characteristics of:

i. a class of Australia’s natural or cultural

places; or

ii. a class of Australia’s natural or cultural

environments.

This means that a place is one of the

best examples of a type of either a natural

or cultural place or environment.

e. The place has outstanding heritage value to the nation because of the place’s importance

in exhibiting particular aesthetic characteristics

valued by a community or cultural group.

This means that a place is important because a

community thinks it is beautiful.

f. The place has outstanding heritage value to the nation because of the place’s importance

in demonstrating a high degree of creative or

technical achievement at a particular period.

This means that a place shows that people have

created an important and successful new idea

or technology.

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g. The place has outstanding heritage value to the nation because of the place’s strong or

special association with a particular community or

cultural group for social, cultural or spiritual

reasons.

This means that a place is important to a

community or cultural group for social, cultural or

spiritual reasons.

h. The place has outstanding heritage value to the nation because of the place’s special

association with the life or works of a person, or

group of persons, of importance in Australia’s

natural or cultural history.

This means that a place is associated with

someone who was or is very important in

the development of Australia’s history.

i. The place has outstanding heritagevalue to the nation because of the

place’s importance as part of Indigenous

tradition.

The criterion ‘importance as part of Indigenous

tradition’ can only be used for places which

are important as part of Aboriginal and Torres

Strait Islander tradition.

The cultural aspect of the criteria means the

Indigenous cultural aspect, the non–Indigenous

cultural aspect or both.

A detailed explanation of the criteria is in the

National Heritage List Criteria section of this Guide.

Comparative AnalysisIn a nomination it is important to understand and explain why the place you want to nominate forthe National Heritage List is important to the nation when compared to similar places. This is called comparative analysis and is central to a successful

National Heritage List nomination.

The Hermannsburg Historic Precinct in the Northern Territory was included on the National Heritage List on 13 April 2006. Hermannsburg was established in 1877 as a religious mission for Aboriginal people. It is the last surviving mission developed by the Hermannsburg Missionary Society, and reflected the changing policies towards Aboriginal people. Hermannsburg was also the home of acclaimed Aboriginal artist Albert Namatjira. (Photo: Annie Crawford)

To decide if a place meets the high threshold ofoutstanding heritage value to the nation, itmust be compared with other similar places around Australia to see if the place is truly “outstanding”. You need to show why your nominated place is one of the most important unique or unusual places of its type.

A nomination is more likely to go to the next step– assessment, if it contains a detailed and realistic comparative analysis. The claims in a nomination, particularly the comparative analysis, must be based on evidence. It is not sufficient to simply state that your nominated place is special.

Comparative analysis can be difficult for some types

of Indigenous places. For example a place that has

been nominated for its association with Indigenous

tradition will need to be compared with places that

represent similar traditions around Australia.

11

The Dampier Archipelago (including Burrup Peninsula) in Western Australia was included on the National Heritage List on 3 July 2007 because the place comprises one of the largest concentrations of rock engravings, standing stones and other stone arrangements in Australia. While other similar features exist in places throughout Australia,when viewed collectively, the Dampier Archipelago (including Burrup Peninsula) emerges as the most extensive collection of engravings. (Photo: Melinda Brauwer)

A nomination must show how your

nominated place compares with similar

places and explain why your place might

represent a part of Australia’s story better

than the place you are comparing it with.

When comparing similar places the following

questions should be considered:

• How many other places like this are there in Australia?

• Is the place one of the best examples in Australia?

• Does the place provide new information that cannot be found at other similar places?

• What makes it different from other places?

Places for comparison can be found on

national, state/territory and local government

heritage lists or registers, the Australian

Heritage Places Inventory, and in heritage

reports, such as heritage assessments and

cultural heritage surveys. See Heritage

Contacts section at the back of this Guide.

If you think your nominated place doesn’t stand out

above other similar places across Australia, you

might decide that the National Heritage List is not

the best way to recognise or protect your place.

This does not mean the place is not significant or

important. Remember the threshold is very high for

the National Heritage List. The values must be so

special that they are considered to be important to

everyone in Australia.

There are other ways you can protect your place.

Most of Australia’s states and territory governments

maintain lists or registers of recorded Indigenous

heritage places that are special at the local or

regional level and are protected under state and

territory laws. Heritage places that may have

Indigenous values might also be listed on non–

Indigenous state and local heritage registers. For

more information see the Alternative Methods of

Recognition and Protection section.

12

Nominating a Place for

the National Heritage List

So you’ve decided that you want to nominate your place to the National Heritage List. What do you do now?

You should always talk to people, including elders

in the community, about the place you want to

nominate as it is important that the community

supports nominating a place to the National

Heritage List.

While national heritage listing does not affect native

title rights, or change land tenure, access or

ownership, it is important to talk with all Indigenous

people with rights and interests in the place you

want to nominate, to consider their views and

concerns, before you start writing your nomination.

Anyone can nominate a place to the National

Heritage List, but it is important that community

elders, other traditional owners and community

members support and agree national heritage listing

is the most suitable type of protection or

recognition of your place.

Seeking the views of non–Indigenous owners and

occupiers before beginning a nomination is also

advised. Sometimes, for various reasons,

not everyone will agree on a National Heritage List

nomination, but it is advisable that a nomination

has

wider community support.

If the community have agreed and

support writing a nomination for a place

to be included on the National Heritage

List, you will need to obtain a full

nomination kit.

You can request a nomination kit by writing to:

The Nominations Manager

Heritage and Wildlife Division

Department of Sustainability,

Environment, Water, Population

and Communities

GPO Box 787

CANBERRA ACT 2601

or phone 1800 803 772, or go to the Australian

Government environment department’s website:

http://environment.gov.au/heritage/nominating/in

dex.html

A nomination can be provided at any time but the

Australian Government’s environment minister calls

for and considers nominations only once a year.

Based on the information in a nomination, it is

the Minister who decides which nominations the

Australian Heritage Council will assess.

13

Remember:

• A nomination and its assessment are legal

processes, that can be complex, involves

many steps and takes time – it could take up

to five years.

• You need to show through the criteria how

your place meets the threshold of outstanding

heritage value to the nation. Use the criteria

to provide a detailed explanation about why

you think your place should be included on the

National Heritage List.

• A nominated place only needs to meet the

high threshold of outstanding heritage value

to the nation against one of the criteria for it to

be

considered special and important enough to

be on the National Heritage List. It is better

to make a strong case against one of the

criteria than a weaker case against many.

• The nomination needs to show a

detailed comparative analysis

against similar places elsewhere in

Australia. It is not sufficient to

simply state that your nominated

place is special.

• You must also include information

on the history and condition of your

nominated place.

• Attach any letters of support from

the community for your nomination.

It is important that you provide all

the information the community is willing

to share for the Australian Environment

Minister and the Australian Heritage

Council to consider in their more

detailed assessment of your nomination.

14

What happens after you have

Nominated a Place?

After a nomination is received, the Australian Government environment minister decides which nominations will be assessed by the Australian Heritage Council, the Australian Government’s key adviser on national heritage matters.

The Australian Heritage Council may take up to five

years to research and assess a nomination.

In assessing a nomination, the Australian

Heritage Council:

• Will test the nomination to see if the

nominated place may have Indigenous, natural

or historic heritage values (or a combination of

these) of outstanding heritage value to the

nation.

• May want to talk with the community to

collect further information.

• By law, must inform the public about the

assessment and ask for comments from

landowners, occupiers and Indigenous people with

rights or interests in the nominated place, during

the assessment process.

The Willandra Lakes Region in far south western NSW was included on the National Heritage List on 21 May 2007 because it is an extensive area that contains a system of ancient lakes formed over the last two million years. Aboriginal people lived on the shores of the lakes for at least 50,000 years, and the remains of a 40,000 year old female found in the dunes of Lake Mungo are believed to be the oldest ritual cremation site in the world. (Photo: John

Houldsworth)

15

Once the Australian Heritage Council completes its

assessment of a nomination, they advise the Minister

whether the nominated place reaches the threshold

of outstanding heritage value to the nation

against one or more of the national heritage criteria.

Before making the final listing decision, the

Minister must consider all comments received,

including comments from the Australian Heritage

Council, landowners, occupiers and Indigenous

people with rights or interests. The Minister may

also take into account the social or economic

impact of including a place on the National

Heritage List.

It is the Australian Government’s Environment

Minister who makes the final decision for a place to

be included on the National Heritage List.

Unsuccessful NominationsIf a nomination is unsuccessful and will not be

assessed by the Australian Heritage Council

within two years of its submission, the nomination

will lapse. You will then be informed if your

nomination has been unsuccessful.

You could consider submitting a new nomination

with more information or look into other options for

your place to be recognised and protected through

local, state or territory laws. See the Alternative

Methods of Recognition and Protection section at

the back of this Guide.

16

A Place on the National Heritage List

Once the Minister decides to include your nominated place on the National Heritage List, you will be notified.

It is the heritage values of a place on the

National Heritage List that are protected under

Australia’s national environmental law – the

Environment Protection and Biodiversity Act 1999

(EPBC

Act). Any action that is likely to have a significant

impact on the national heritage values of a place

requires the approval of the Australian Government

Environment Minister.

National heritage listing does not affect native title

rights, change land tenure, access or ownership.

A place on the National Heritage List brings

responsibilities to the community, which may

include:

• Assisting to develop plans to manage the

heritage values of the listed place.

• Considering the impact of future activity on the

heritage values of a listed place. Economic

or development activities may continue on a listed

place but any action that is likely to have a significant

impact on the heritage values of a place requires the

approval of the Australian Government environment

minister.

The benefits to the community of a place being

included on the National Heritage List may include:

• Protection of the national heritage values of

a place under the EPBC Act.

• Increase in recognition and appreciation of

a heritage place.

• The wider Australian community recognising

the importance of Indigenous heritage to the

national story.

• Opportunities for cultural tourism and ecotourism.

To help the community manage a place on the National Heritage List, the Australian Government’s Indigenous Heritage Program is a competitive annual grants program which funds cultural heritage surveys, archaeological assessments and the recording of heritage values and condition.

The program may fund work for national heritage listed places such as conservation management plans and works to help protect the identified values – see the Heritage Contacts section at the back of this Guide.

17

National Heritage Criteria Section

This section provides more detail about each of the nine national heritage criteria.

Criteria are a set of standards or categories used

to describe why a place is of outstanding heritage

value to the nation.

The criteria help to explain the reasons why the

community think a place should be included on the

National Heritage List. In writing your nomination

you will need to explain why the place meets one

or more of the criteria.

A nominated place only needs to meet the high

threshold of outstanding heritage value to the

nation against one of the criteria for it to be

considered special and important enough to be on

the National Heritage List. Meeting more than one of

the criteria

does not necessarily make a stronger case.

Criterion (a)The place has outstanding heritage value to the nation because of the place’s importance in the course, or pattern, of Australia’s natural or cultural history.

This criterion should be used for places that

represent or are connected to important events and

processes in Australia’s history. The event must

have been significant and led to important

changes to Australia’s political, economic, or social

fabric

or to important developments in its natural or

cultural history. The event may have lasted a

short time or may have extended over a number

of years. This can be a place that demonstrates

a characteristic way people lived or live and the

things they left behind. The place should be the

best example of that way of life. This criterion

can be applied to a place, a series of places or

an area of country. There are three different ways

Indigenous places can fit this criterion. These are

places that best:

1. represent different periods of Australia’s

Indigenous history;

2. show a particular way of life important in one or

more periods of the history of Indigenous Australia;

3. mark a change in the course of Indigenous

history in Australia.

18

1. Places that best represent different periods

of Australia’s Indigenous history.

This can include places that showcase particular

Indigenous economies around Australia,

trade routes, social and political

networks and relationships with people

from neighbouring areas or islands,

including places that best demonstrate:

• aspects of Indigenous ways of life typical of one or more periods in Indigenous history;

• Indigenous economic processes, including trade, during one or more times in the past;

• relationships with neighbouring areas, islands or new people.

Mount William Stone Axe Quarry in central Victoria was included on the National Heritage List on 25 February 2008. Greenstone Axe Blanks were a major trading resource for the Wurundjeri people in Victoria and traded over a widearea of south–east Australia. (Photo: Mark Mohell)

2. Places that best show a particular way of life.

This includes places that best demonstrate a

particular part of Indigenous culture and/or history

that is common in Australia and is important in

one or more periods of the history of Indigenous

Australia. This type of place is important in the

history of Indigenous Australia because the features

of the place best demonstrate:

• one or more important economic, political or social process in the history of Indigenous Australia;

• aspects of ceremonies practiced, or beliefs held, by Indigenous people.

The Budj Bim Heritage Landscape in south west Victoria was included on the National Heritage List on 20 July 2004.The place provides evidence of an aquaculture system and the lifestyle, including stone eel traps and channels, including stone house sites and smoking trees which tells the story of how the Gunditjmara community developed an economy to grow and harvest eels and fish.

19

3. Places that mark a change in the course of

Indigenous history in Australia.

The place may represent the development of new

laws, institutions, ways of life or places that

represent a turning point in the history of Indigenous

Australia including:

• a change in policy or approach developed by, or applied to, Indigenous Australians;

• a protest or other action associated with a change in the treatment of Indigenous Australians;

• a protest or action commemorated throughout Australia.

The Myall Creek Massacre and Memorial site near Bingara in NSW was included on the National Heritage List on 7June, 2008 because the massacre event in 1838 represents a change in Australia’s cultural history. It is the last time the colonial administration intervened to ensure the laws of the colony were applied equally to Aboriginal people and settlers involved in frontier killings. (Photo: Mark Mohell)

Criterion (b)The place has outstanding heritage value to the nation because of the place’s possession of uncommon, rare or endangered aspects of Australia’s natural or cultural history.

This criterion applies to places that possess

uncommon, rare, or endangered aspects of

Australia’s history that is of national significance to

Australia. This criterion covers places that show

Indigenous ways of life, customs, processes, land–

uses, functions or designs that were uncommon or

are a rare example of a place that was once more

common. Not all uncommon or rare places will be

included on the National Heritage List. Like other

criteria you must be able to show that the place

also has ‘outstanding heritage value to the

nation.’

The Brewarrina Aboriginal Fish Traps (Baiame’s Ngunnhuis is a rare dry-stone fish trap located on a large river system nearly half a kilometre long and consist of a series of dry-stone weirs and ponds arranged in the form of a net across the Barwon River. The Ngunnhu features a very complex design that exploits an unusual location. The size, design and complexity of the Ngunnhu is exceptionally rare in Australia. (Photo: Michael Lindquist).

20

Criterion (c)The place has outstanding heritage value to the nation because of the place’s potential to yield information that will contribute to an understanding of Australia’s natural or cultural history.

This criterion applies generally to places with the

potential to provide important information about

Australia’s Indigenous history and culture. For a

place to meet this criterion there must be real

evidence or proven potential that further nationally

significant information can be gained from the

place. If there has already been a significant

amount of information collected about the place it

may not have potential to provide any further

information so would not meet the threshold for this

criterion.

This criterion covers places that have a clear

potential to produce important information that

would improve our understanding of:

• one or more periods in the history ofIndigenous Australians;

• ways of life or cultures characteristic ofIndigenous Australians.

The Ningaloo Coast, located on the remote western coast of Australia, was included on the National Heritage List on6 January 2010. The Ningaloo Coast has the potential to provide insights into Aboriginal people use of marine resources between 12,000 and 26, 000 years ago. To date, only a handful of the caves and rock shelters in the region have yet been studied (Photo: Tony Howard)

Criterion (d)The place has outstanding heritage value to the nation because of the place’s importance in demonstrating the principal characteristics of:i. a class of Australia’s natural or cultural

places; orii. a class of Australia’s natural or

cultural environments.

This criterion applies to places that are the best

example of a class of place or environment.

There are four different ways places can fit this

criterion.

1. A way of life important in the history of

Indigenous Australia;

2. An industrial or technological process important

in the history of Indigenous Australia;

21

3. A particular design or style important in

the history of Indigenous Australia;

4. A type of land and sea use important in

the history of Indigenous Australia.

1. Places that are the best example of a way

of life.

This includes places that have all of the features

(or the main features) of a particular way of life

that is important in the history of Indigenous

Australia. This includes places that have the main

features of common site types such as

occupation sites and ceremonial places that

demonstrate the way Indigenous people live.

Witjira–Dalhousie Springs was included on the National Heritage List on 4 August 2009 for its outstanding heritage value for being an integral part of Aboriginal tradition and life in northern South Australia. It is the beginning of an exceptionally large number of traditional song lines and story lines in the Witjira National Park. (Photo: Yvonne Webster)

2. Places that are the best example of an

industrial or technological process.

This includes places that have all of the features (or

the main features) of an industrial or technological

process that is important in the history of Indigenous

Australia. Places that show industrial or technological

processes include Indigenous mines, quarries or

places where plant or other resources were

processed.

3. Places that are the best example of a

particular design or style.

This includes places that have all of the features (or

the main features) of a design or style that is

important in the history of Indigenous Australia.

This could include places that best represent a

type of art, settlement or landscape.

The Hermannsburg Historic Precinct in the Northern Territory was included on the National Heritage List on 13 April 2006. It is the last surviving mission developed by the Hermannsburg Missionary Society. The precinct illustrates some of the common themes of Aboriginal mission life in the late 1800s and early 1900s.

4. Places that are the best example of a type

of land or sea use.

This includes places that have all of the features

(or the main features) of a particular land or sea

use that is important in the history of Indigenous

Australia. This could include places that best

illustrate ways Indigenous people influenced, related

to and managed their environment, or moved

across the landscape.

22

The Dampier Archipelago (including Burrup Peninsula) in Western Australia was included on the National Heritage List on 3 July 2007 because the place comprises one of the largest concentrations of rock engravings, standing stones and other stone arrangements in Australia. (Photo: Dragi Markovic)

Criterion (e)The place has outstanding heritage value to the nation because of the place’s importance in exhibiting particular aesthetic characteristics valued by a community or cultural group.

In this criterion ‘aesthetic’ means that the place

has a sense of beauty. It is people’s reaction to

the place which creates the aesthetic value; the

place should inspire or move people. Places with

spectacular views or vistas, spectacular natural

features, rock art or stone arrangements could fit

under this criterion.

For a place to meet threshold for this criterion there

must be evidence that the Indigenous community

considers the place to be particularly beautiful

and outstanding in comparison to other similar

places. To date, no place has been included on

the National Heritage List for this type of Indigenous

heritage value.

Criterion (f)The place has outstanding heritage value to the nation because of the place’s importance in demonstrating a high degree of creative or technical achievement at a particular period.

This criterion applies generally to places that illustrate

a high degree of creative or technical achievement.

The places may show innovation or creative

adaptation in art, engineering, architecture, design,

landscape design, construction, manufacture,

craftsmanship or some other technical field. There

are three different ways places can fit this criterion.

Places that show a high degree of:

1. achievement in design, art, or craftsmanship;

2. ingenuity or innovative use of material;

3. achievement in combining built features into a

natural landscape to achieve a productive or

aesthetic purpose.

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1. Places that show a high degree of

achievement in design, art, or craftsmanship.

Places that fit in this type may include images

(including rock art), built features, or a landscape

that has been modified.

The rock engravings in the Dampier Archipelago (including Burrup Peninsula) in Western Australia show exceptional creative diversity and include detailed and finely executed examples of water birds, crabs, crayfish, kangaroos, turtles and fish, some of which, because of their detail, can be identified to species level. (Photo: Dragi Markovic)

2. Places that show a high degree of ingenuity

or innovative use of material.

This could include places that show clever or

innovative resource extraction and processing sites

ranging from mines and quarries to places that

show processing of toxic plants.

The Sacred Heart Church at Beagle Bay Mission

in the West Kimberley (WA) has a high degree

of creative and technical achievement in the use

of pearl shell and other locally sourced media to

decorate the interior, combining western religious

and Aboriginal motifs.

Built in a remote location from locally sourced

material, the Sacred Heart Church at Beagle

Bay mission is a testimony to the ingenuity and

resourcefulness of the Pallottine brothers and

the Aboriginal residents of the mission who built

and decorated it. The use of pearl and other

shells to decorate the interior of the church,

particularly the sanctuary, demonstrates a high

degree of artistic excellence and technical skill.

The place continues to be highly valued by the

Beagle Bay Aboriginal community today because

of the considerable Aboriginal involvement in its

construction and decoration.

The Beagle Bay Sacred Heart Church, part of the national heritage listed place of the west Kimberley of Western Australia, has pearl shell inlays which represent Aboriginal and Christian symbols. (Photo: Andrew Tatnell)

3. Places that show a high degree of

achievement in combining built features into a

natural landscape to achieve a productive or

aesthetic purpose.

This could include places where material has been

deposited or arranged in the landscape to extract

and process resources or has been created to

represent pictures or symbols.

24

The Budj Bim National Heritage Landscape – Mt Eccles Lake Condah Area in south west Victoria provides evidence of an eel trap system, an excellent example of a creativeachievement that is a combination of natural and built features. (Photo: John Baker).

Criterion (g)The place has outstanding heritage value to the nation because of theplace’s strong or special association with a particular community or cultural group for social, cultural or spiritual reasons.

The cultural aspect of the criterion means the

Indigenous cultural aspect, the non–Indigenous

cultural aspect or both.

This criterion applies to places to which a

community or cultural group shows a strong or

special attachment at the national level and

includes religious or spiritual places, mythological

places, or places important in establishing and

maintaining group identity. The place has to be

important because of the community’s or group’s

attachment to the place that is outstanding in

comparison to others valued by Indigenous

communities.

Communities may be any group of people whose

members share a locality, government, or cultural

background. They can be locally based, regional,

metropolitan or national groups, but should be a

recognised community.

The Cyprus Hellene Club–Australian Hall in NSW was included on the National Heritage List on 20 May 2008 because many Indigenous people today still have a strong or special association with the Cyprus Hellene Club – Australia Hall in Sydney for its role in the Day of Mourning Protest. (Photo: State Library of NSW)

Criterion (h)The place has outstanding heritage value to the nation because of the place’s special association with the life or works of a person, or group of persons,of importance in Australia’s natural or cultural history.

This criterion applies to places associated with

significant people. While this criterion is about

recognising important people in Australia’s

history, there must be a strong link between the

important person/group and the nominated place.

To reach threshold for this criterion, the person

or group must be of demonstrated importance in

Australia’s cultural history.

25

While that person may be connected with a number

of places, the nominated place should be the one

the person is most strongly associated with. This

can be demonstrated where the place has had a

strong effect on their beliefs, profession, practices

or events. It may also include places associated

with the major achievements of important people.

There are two different ways places can fit this

criterion. The place:

1. has strongly influenced the life of a nationally

recognised person or group;

2. is identified as the place where the major

achievements of a nationally recognised person

or group occurred.

1. The place has strongly influenced the life of

a nationally recognised person or group.

The place must be significant for its association with

a person or group of people of national

importance.

The Wave Hill walk–off route in the Northern Territory was included on the National Heritage List on 9 August 2007. The route is associated with the work of Vincent Lingiari, who combined leadership on industrial issues with high authority in Aboriginal tradition and dignity in impoverished circumstances. On 15 August 1975 the Gurindji became the first Aboriginal community to have land returned to them by the Commonwealth Government. (Photo: National Archives of Australia)

2. The major achievements of a nationally

recognised person or group occurred at

this place.

The place must be associated with the work or

major achievement of a person or group of people

of national importance.

Heritage StoryThe West Kimberley was included on the National Heritage List on 31 August 2011. The place has outstanding heritage value to the nation for its association with Jandamarra, whose campaign of resistance was unprecedented in Australian history,as was the ferocity of the police and settler response. The late timing of the settlement and the impenetrable nature of the Devonian Reef helped create the man and the legend of Jandamarra – a man broughtup in two worlds, whose detailed knowledge of

European methods to contain Aboriginal resistance

and his capacity to pass those skills on to his

Bunuba countrymen and women, severely threatened

the colonising project.

While Jandamarra did not act alone, his abilities

to disappear and avoid capture, and to appear to

even cheat death itself, made him a much feared

adversary to Europeans and a powerful leader

amongst his own people.

26

Criterion (i)The place has outstanding heritage value to the nation because of the place’s importance as part of Indigenous traditions.

The criterion ‘importance as part of Indigenous

tradition’ can only be used for places which are

important as part of Aboriginal and Torres Strait

Islander tradition. However Aboriginal and Torres

Strait Islander heritage places do not have to be

nominated for this criterion. An Aboriginal or

Torres Strait Islander heritage place can be

important under any of the nine criteria from (a) to

(i).

This criterion applies to places that are important

as part of Indigenous tradition. For the National

Heritage List, Indigenous tradition is defined as

‘the body of traditions, observances, customs

and beliefs of Indigenous persons generally or of

a particular group of Indigenous persons’. This is

the handing down from generation to generation,

especially by word of mouth or by practice. It is

recognised that Indigenous traditions are living and

dynamic – they adapt and develop through time.

To reach the threshold for this criterion, a place

must be part of an Indigenous tradition and there

must be something about the tradition that makes it

unusual or exemplary at the national level. Like the

otherNational Heritage List criterion a comparative

analysis with other similar places will be done to

determine if the place is nationally outstanding,

however given the nature of Indigenous traditions

comparative analyses may not always be

appropriate.

In some cases there may not be enough

information about the Indigenous traditions

associated with a place to decide whether it is of

‘outstanding heritage value to the nation.’ This

does not mean that the place is not important as

part of Indigenous tradition, just that it does not

reach the very high National Heritage List threshold.

It also means that many sites of high importance in

Indigenous tradition which are by nature ‘private’,

‘secret’ or ‘restricted’ will appropriately remain so.

There are three different ways places can fit this

criterion. Places that show Indigenous traditions

associated with:

1. creation beings and spirits,

2. people,

3. land and water.

Given the relationships between creation beings,

people and land and water there is likely to be

significant overlap between these three groupings.

The examples below show that one place may

encompass two or more of these types.

1. Places that show Indigenous traditions

associated with creation beings and spirits.

This includes exemplary or unusual places formed

by creation beings during their journeys, or places

where creation beings ‘put themselves’ into country

during a significant event that occurred during their

journey across the land. It also applies to exemplary

or unusual places inhabited by spirits.

27

The types of places where creation beings still

live or places that retain their essence, can include

rock deposits, lakes, rivers, hills and trees. Their

essence may also be a part of rock art and other

images such as Wandjina, Lightning Brothers and

Baiame. The power of creation beings may be

dangerous and special behaviours may be required

when going to places associated with them. The

way that creation beings behave(d) may affect the

country they created. Safe access is restricted to

certain categories of people (by gender or levels

of initiation) or it may make a place sick or

healthy. For Indigenous people, the land is also

populated by spirits that are often mischievous or

malicious and observing protective practices is

necessary for people’s safety and well being.

These spirits

may be embodied in, or associated with, particular

features of the land such as wetlands.

Wilgie Mia Aboriginal Ochre mine in West Australia, the largest red ochre was worked by Aboriginal men and ochre exchanged as far afield as Queensland and the Nullabor Plains in South Australia. (Photo: Yamatji Marlpa Aboriginal Corporation)

Heritage StoryThe national heritage listed Wilgie Mia Aboriginal

Ochre Mine in Western Australia is the best

example of Indigenous traditions associated with

ochre sites. Wilgie Mia has outstanding heritage

value to the nation for its importance as part of a

continuing Indigenous tradition.

In the tradition, Wilgie Mia was created by an

ancestral being, Marlu the red kangaroo, and the

different coloured ochres found at the place relate

to different parts of the Marlu’s body. This is the

only known tradition to account for the different

coloured ochres that occur within the one site.

When compared with the other major mining sites in

Australia, Wilgie Mia has the most complete records

of the rituals and ceremonies associated with ochre

mining in Australia. While other major Aboriginal

mine sites are associated with creation beings,

Wilgie Mia has the most diverse relationship with

spirit beings. In particular, the role of the Mondong

guardian spirits in regulating the behaviour of

people is best exemplified at Wilgie Mia. Wilgie Mia

is a men’s site and access has been controlled

through tradition and ritual. The red ochre at Wilgie

Mia,

the blood of Marlu the red kangaroo, is

particularly prized. It has a striking pinkish hue and

silvery sheen which combine to produce a sacred

colour of particular potency. It is for these reasons

that the red ochre from Wilgie Mia is an important

part of Aboriginal ceremonial life, past and present.

It is still traded for use in traditional ceremonies

including important law ceremonies.

28

2. Places that show Indigenous traditions

associated with people.

This includes exemplary or unusual places where

people go through rites or ceremonies. These

processes may be associated with specific places

where spirits enter a woman or where departed

spirits travel after death.

Ceremonies conducted to change the social

status of living people – for example boy to man,

or girl

to woman – often express power, authority and

relationships at an individual or community

level. The places where these ceremonies

occur may have spiritual power.

To date, no places have been included on the

National Heritage List for this type of Indigenous

heritage value.

3. Places that show Indigenous traditions

associated with land and water.

This includes exemplary or unusual places where

techniques to manage the land are practiced by

Indigenous people. These techniques often derive

from creation beings that entrusted a group with the

responsibility for caring for a particular country. This

could include traditions such as fire management,

ceremonies to increase species and natural

phenomena like rain, the observance of specific

prohibitions, and rituals associated with resource

extraction. The techniques may be associated with

rock art, standing stones or other physical features.

There are also traditions associated with the

sharing and trading of resources between groups.

These include specific places on song lines

where

neighbouring groups came together to trade items.

Heritage Story

The Wanjina-Wunggurr tradition features painted

images of Wanjina and the Wunggurr Snake in

rock shelters across the West Kimberley national

heritage place in Western Australia. The Wanjina-

Wunggurr tradition provides testimony to a

complex association of socio-religious beliefs

that continues to be central to the laws and

customs of the Wanjina-Wunggurr people.

Painted images on rock and other features in

the land, sea and sky, including natural rock

formations and man– made stone

arrangements, are manifestations of the Wanjina

and the Wunggurr Snake. In order to sustain the

ongoing cycle of life, members of the Wanjina–

Wunggurr community continue to engage in a

range of ritual practices established in Lalai (The

Dreaming). While Wanjina-Wunggurr people

believe that the Wanjina ‘put’ themselves onto

rock surfaces as paintings, they also believe that

as the human descendents of these Wanjina, it

is their duty to maintain the ‘brightness’ or

‘freshness’ of the paintings by re-touching them

with charcoal and pigments. By keeping the

paintings ‘fresh’ the world will remain fertile – the

annual rains arrive, plants and animals will

reproduce and child spirits will remain available

in whirlpools and waterholes throughout the

Wanjina-Wunggurr homeland.

29

Alternative Methods of Recognition

and Protection Section

Indigenous heritage places can also be

recognised and protected through local, state, or

other commonwealth laws.

Local Government

Local governments often develop their own

heritage strategies which provide a framework for

management of local heritage. This can include

legal protection of significant local heritage places

and development controls to ensure their

ongoing protection. Talk to your local shire to see

if they have developed a heritage strategy that

includes Indigenous heritage places.

Information on Local Government resources is at:

http://ww w .heritageinfo.go v .au/government.html

State and Territory Governments

States and territories have primary responsibility

for the protection and management of

Indigenous heritage places. While all states and

territories have legislation that provides blanket

protection to Indigenous heritage sites, the level of

protection

for broader heritage places varies. Most of

Australia’s states and territories maintain registers of

Indigenous heritage sites.

Information about Indigenous heritage legislation

can be found at

http://www.environment.gov.au/heritage/laws/indigeno

us/protection-laws.html

Australian Government

The Commonwealth Heritage List is a list

of Indigenous, natural and historic heritage places

owned or controlled by the Australian

Government. These places are assessed against

nine criteria similar to the national heritage criteria,

but the threshold is lower and is generally of

local significance rather than state or national

significance. You can see which places are

currently included in the Commonwealth Heritage

List here:

http://www.environment.gov.au/heritage/about/

commonwealth/index.html

Aboriginal and Torres Strait IslanderHeritage Protection Act 1984

The Aboriginal and Torres Strait Islander Heritage

Protection Act 1984 enables the Australian

Government to respond to requests to protect

areas and objects that are particularly significant

under Indigenous tradition (e.g. sacred sites

and objects) from specific threats of injury or

desecration as a last resort if it appears that state or

territory laws have not provided effective protection.

30

The government can make special orders, called

declarations, to protect significant Aboriginal areas,

objects and whole classes of objects from threats of

injury or desecration. The government cannot make

a declaration unless an Aboriginal or Torres Strait

Islander person (or a person representing an Aboriginal

or Torres Strait Islander person) has requested it. To

make a declaration the government must receive

satisfactory evidence of a body of traditions,

customs, observances and beliefs that explains:

• the nature of the threat of injury or desecration

• particular significance of the area, object or class of objects to Aboriginal or Torres Strait Islander people.

A declaration operates for a defined period of time,

and must be revoked if a state or territory

subsequently provides effective protection for the

area, object or class of objects under its own

laws. The power to make declarations is meant to

be

used as a last resort, after the relevant processes of

the state or territory have been exhausted.

Further information about the Aboriginal and Torres

Strait Islander Heritage Protection Act 1984 can be

found at

ww w .environment.go v .au/heritage/laws/indigenous

Promotion

In addition to heritage protection through legislation,

promoting the significance of a place may help to

protect it. Greater awareness of the importance of

a place, what it means, how to use it and how to

protect it can increase a community’s interest and

involvement in its survival.

Your Community Heritage assists organisations, individuals,

volunteers and communities to support, protect and celebrate

Australia's heritage. Information is available at

http://www.environment.gov.au/heritage/programs/ych/

31

Heritage Contacts Section

National/State/ Legislation (Laws) Territory and links Responsible agency and links

AustralianGovernment

Environment Protection and Biodiversity Conservation Act http://ww w .environment.go v .au/epbc/index.html

Aboriginal and Torres Strait Islander Heritage Protection Act http://ww w .comla w .go v .au/Details/C2005C00228

Nominating Places to the National Heritage List: A Guide for Indigenous Communities http://ww w .environment.go v .au/heritage/ahc/ publications/nhl-indigenousguide

Guide to the Aboriginal and Torres Strait Islander Heritage Protection Act http://www.environment.gov.au/heritage/laws/indigenous/index.html

Australian Heritage Council Act http://ww w .comla w .go v .au/Series/C2004A 01169

Department of Sustainability, Environment, Water, Population and Communities

Ph: 1800 803 772Email:heritage@environment.gov.auww w .environment.go v .au

Indigenous Heritagehttp://www.environment.gov.au/heritage/about/indigenous/index.html

National Heritage http://www.environment.gov.au/heritage/about/national/index.html

Indigenous Heritage Program http://www.environment.gov.au/heritage/programs/ihp/index.html

Australian Heritage Places Inventory http://ww w .heritage.go v .au/ahpi

Australian Heritage CouncilPh: 02 6274 1111Email: ahc@environment.gov.auhttp://ww w .environment.go v .au/heritage/ahc/

index.html

ACT

Heritage Act 2004 http://www.legislation.act.gov.au/a/2004-57/default.asp

Heritage Register http://www.environment.act.gov.au/heritage/heritage_register/act_heritage_register_search

ACT Department of Environment and Sustainable Development

http://www.environment.act.gov.au/heritage Ph: 132 281 Email: heritage@act.go v .au

NSW

Heritage Act 1977 http://www.heritage.nsw.gov.au/06_subnav_07_0.htm

Information on Indigenous heritage http://www.heritage.nsw.gov.au/06_subnav_01.htm

Register http://ww w .heritage.ns w .go v .au/07_subnav_04.cfm

Heritage Branch, Office of Environment and Heritage

Ph: 02 9873 8500Email: heritage@heritage.ns w .go v .au http://ww w .heritage.ns w .go v .au/

NT Northern Territory Aboriginal Sacred Sites Act 1989http://notes.nt.gov.au/dcm/legislat/legislat.nsf/d7583963f055c335482561cf00181d19/4d815ba87da4bf866925797a00213208/$FILE/Repn027.pdf

NT Heritage Act 2011 http://www.nretas.nt.gov.au/__data/assets/pdf_file/0003/4845/heritageactdraftbill2011.pdf

Aboriginal Areas Protection Authority

Ph: 08 8999 5511Email: enquiries.aapa@nt.gov.au

http://ww w .aapant.org.au/

Heritage Register http://www.nretas.nt.gov.au/knowledge-and-history/heritage/ntregister

32

National/State/ Legislation (Laws)Territory List or and links Responsible agencyregister

QLD Aboriginal Cultural Heritage Act 2003http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/A/AborCultHA03.pdf

Torres Strait Islander Cultural Heritage Act 2003 http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TorresStIsCuA03.pdf

Register http://www.derm.qld.gov.au/cultural_heritage/search_request/search_request_forms.html

Department of Environment andResource Management

Ph: 07 3239 3647 or 1800 440 340Email: cultural.heritage@derm.qld.go v .au http://www.derm.qld.gov.au/cultural_heritage/

SA

Aboriginal Heritage Act 1993 http://www.legislation.sa.gov.au/LZ/C/A/HERITAGE%20PLACES%20ACT%201993.aspx

Register http://www.environment.sa.gov.au/Heritage/SA_Heritage_Register

Department of Environment Water andNatural Resources

Ph: 08 8124 4960Email: DEWRRCustomerSe r viceCentre@sa.go v .au

http://www.environment.sa.gov.au/Home

Tasmania

Aboriginal Relics Act 1975 http://www.austlii.edu.au/au/legis/tas/consol_act/ara1975159/

Register http://www.aboriginalheritage.tas.gov.au/Pages/Tasmanian-Aboriginal-Site-Index-(TASI).aspx

Department of Premier and Cabinet, Office of Aboriginal Affairs

Aboriginal Heritage TasmaniaPh: 1300 135 513 (ask for Aboriginal Heritage Tasmania) Email: oaa@dpac.tas.gov.au

http://www.aboriginalheritage.tas.gov.au/

VIC

Aboriginal Heritage Act 2006http://www.dpcd.vic.gov.au/indigenous/heritage-tools/aboriginal-heritage-act-2006

Heritage Act 1995 http://www.austlii.edu.au/au/legis/vic/consol_act/ha199586/

Registers http://www.dpcd.vic.gov.au/heritage/victorian-heritage-register

http://www.dpcd.vic.gov.au/indigenous/aboriginal-cultural-heritage/Victorian-aboriginal-heritage-register

Department of Planning and Community Development

Administered by Aboriginal Affairs Victoria Phone: 1 800 762 003 Fax: (03) 9208 3292 Email: vahr@dpcd.vic.gov.au

http://www.dpcd.vic.gov.au/indigenous

WA

Aboriginal Heritage Act 1972 http://www.dia.wa.gov.au/en/Section-18-Applications/Heritage-management/Aboriginal-Heritage-Act

Register http://www.dia.wa.gov.au/en/Site-Search/Aboriginal-Heritage-Inquiry-System/

Department of Indigenous Affairs

Ph: 08 9235 8000 or 1300 651 077 in WA Email: info2@dia.wa.go v .au

http://www.dia.wa.gov.au/en/About-DIA/

33

Steps Towards a National Heritage List Place

The National Heritage List is made up of the places and stories that are recognised to have outstanding heritage value to the nation – these places are important to all Australians, today and into the future.

The heritage values of a place on the National Heritage List are protected under Australia’s national environmental law – the Environment Protection and Biodiversity Act 1999 (EPBC Act).

Any action that is likely to have a significant impact on the heritage values of a place on the NationalHeritage List requires the approval of the Australian Government Environment Minister.

Talk with traditional owners, other people in the community and heritage experts about whether

the National Heritage List is the best option to recognise and protect your special place.

If traditional owners and the community agree to nominate your special place for the National

Heritage List, call 1800 803 772 or visit the Australian Government’s Heritage website http://

environment.gov.au/heritage/about/index.html to get a full National Heritage List nomination kit.

Write your nomination. Attach letters of support from people in the community.

Once a year, the Australian Government Environment Minister decides which

nominations will be assessed by the Australian Heritage Council.

A nomination and the Council’s assessment of it are legal processes and involve

many steps – it could take up to five years.

The Australian Heritage Council looks at the heritage values of a nominated place

and asks for comment from the public including landowners, occupiers and

Indigenous

people with rights or interests in the nominated place.

The Australian Heritage Council advises the Australian Government Environment Minister

whether a nominated place should be included on the National Heritage List.

The Australian Government’s Environment Minister makes the

final decision for a place to be included on the National Heritage

List.

m • • .