Aboriginal Cultural Heritage Act: Important Definitions
Some important definitions to know the meaning behind while reading through the information in the Aboriginal Cultural Heritage Act 2021.
HARM
To destroy or damage the ACH.
INTERESTED ABORIGINAL PARTY
Each of the following persons is included as an interested Aboriginal Party:
Each person is designated as a local ACH service for the area or part of the area;
If there is not a person designated as a local ACH service for the area or part of the area:
Each Native Title for the area or part of the area; or
If there is not a Native Title party for the area or part of the area - each Native Title representative body for the area or part of the area.
KNOWLEDGE HOLDER
An Aboriginal person who -
In accordance with Aboriginal tradition, hold particular knowledge about ACH and areas containing ACH; and
Has traditional rights, interests and responsibilities in respect of the ACH.
ILUA
An Indigenous land use agreement registered on the Register of Indigenous Land Use Agreements was established and maintained until Part 8A of the Native Title Act 1993.
NATIVE TITLE PARTY
In relation to an area means:
A registered native title body corporate for the area; or
A registered native title claimant for the area; or
A person who was registered native title body corporate for the area or a registered native title claimant for the but -
Under an ILUA, has surrendered their native title rights and interests in respect of the area; or
Whose native title rights and interests in respect of the area have been compulsorily acquired or otherwise been extinguished;
OR
If the area is the subject of a settlement ILUA - a regional corporation in relation to that area.
This is going to affect almost every single farmer in WA. I encourage you to watch the three-part series that Bailiwick Legal have put together on YouTube about this and contact them if you have any other questions.
**I have sourced this information from reputable sources and will acknowledge any errors if they arise.
