Chapter 1
Introduction
Inquiry into the 1984 Act
Eleventh Report
1.1 On the morning of Thursday 2 April the Parliamentary Joint Committee
on Native Title and the Aboriginal and Torres Strait Islander Land Fund
tabled its eleventh report. The report responded to a reference from the
Senate on 26 March 1997 concerning:
the urgent need for amendments to the Aboriginal and Torres Strait
Islander Heritage Protection Act 1984, consistent with the report of
the Review of that Act by Justice Elizabeth Evatt, in order to avoid
or minimise the repetition of any further incidents, such as the Hindmarsh
Island Bridge situation, in which the spiritual and cultural beliefs
of the Aboriginal and Torres Strait Islander people are not able to
be properly considered under existing legislative arrangements.
1.2 In its report, the Committee expressed the expectation that its views
would inform the Government's approach to reforming the legislation (para
1.18, p.7 refers).
Referral of the Bill
1.3 During the afternoon of Thursday 2 April 1998, the Minister for Industry,
Science and Tourism, the Hon John Moore, presented the Aboriginal and
Torres Strait Islander Heritage Protection Bill 1998 (the Bill) in the
House of Representatives. Following the Second Reading of the Bill, the
House resolved that:
... the Aboriginal and Torres Strait Islander Heritage Protection Bill
1998, be referred to the Parliamentary Joint Committee on Native Title
and the Aboriginal and Torres Strait Islander Land Fund for consideration
and an advisory report by 22 May 1998; ...
On 25 May the House of Representatives extended the reporting date to
1 June 1998. [1]
Committee Meeting
1.4 The Committee held a private meeting on Wednesday 8 April 1998. It
resolved to advertise the reference received on 2 April. Further, subject
to the discretion of the Committee Secretary, submissions would be published
on receipt.
1.5 At its 8 April meeting, the Committee agreed to hold public hearings
concerning the Aboriginal and Torres Strait Islander Heritage Protection
Bill 1998 on Friday 8 May (Melbourne) and Monday 11 May (Canberra). It
also resolved to advertise the reference.
Public Hearings
1.6 The Committee held the public hearings as scheduled. (The public
hearing program is detailed at Appendix 1 of this report.) Witnesses were
chosen from the written submissions lodged and from other persons and
organisations known to the Committee. (The list of written submissions
sent to the inquiry is provided at Appendix 2.) The Committee is grateful
to all witnesses at the public hearings and to those who provided written
submissions. Not all evidence could be referred to in this report; however,
it was carefully considered and informed the views that were ultimately
formed.
Report Adoption
1.7 At a private meeting on Thursday 28 May the Committee adopted its
report concerning the Bill.
Footnotes
[1] House of Representatives Daily Hansard,
25 May 1998, p.P3581
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