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1 Austl. Indigenous L. Rep. 507 (1996)
The Queensland Heritage Act 1992 and the Cultural Record (Landscapes Queensland and Queensland Estate) Act 1987 (QLD): Legislative Discrimination in the Protection of Indigenous Cultural Heritage

handle is hein.journals/austindlr1 and id is 545 raw text is: THE QUEENSLAND HERITAGE ACT 1992 AND THE CULTURAL
RECORD (LANDSCAPES QUEENSLAND AND QUEENSLAND ESTATE). ACT 1987  V*!--:-
(QD:LEGISLATIVE DISCRIMINATION IN THE PROTECTION4:OF
(QLD):INDIGENOUS CULTURAL HERITAGE                                   X    iX
HENRIETrA FOURMU.E'                       A    <
I. Background                                                                 'J
Until the implementation of the National Trust of Queensland Act 1963 (Old), there was nolgstv
protection in Queensland for cultural heritage. Four years later the Aboriginal Relics Preservation Act 1967
(Old)l became the first piece of legislation to provide protection to all Aboriginal and Torres Strait Islander
archaeological sites within the State. This Act was amended by the Aboriginal Relics Preservation Act
Amendment Act 1976 (Old). No protection was given to non-archaeological Indigenous sites or to non-
Indigenous heritage places generally.
In 1987, the Aboriginal Relics Preservation Act 1967-1976 (Old) was replaced by the Cultural Record
(Landscapes Queensland and Queensland Estate) Act 1987 (Old) ('the Cultural Record Act'), which extended
legislative protection to include non-archaeological Indigenous sites as well as to non-Indigenous sites. This
Act was administered by the Archaeology Branch of the Department of Community Services and Ethnic
Affairs2 until January 1989 after which the Archaeology Branch and the responsibility for the administration of
the Act were transferred to the Department of Environment, Conservation and Tourism.3 The legislation
regards Queenslanders as one body of people rather than dividing society on racial or discriminatory
grounds.
In 1990, the Heritage Buildings Protection Act 1990 (Qld) was passed as an interim measure to give
immediate protection to our built heritage and finally end the era of 'midnight dlemolitions' for which Queensland
and the National Party Government became famous4 and also to give temporary protection to a schedule of
about a thousand places in Queensland while 'permanent' legislation was developed .5 The government of the
day recognised that the Cultural Record Act has proved ineffective in practice and does not offer the
necessary incentives and forms of protection which are required to successfully protect Queensland's
important cultural heritage. 6 After extensive community consultation via a Green Paper,7 the Heritage Building
Protection Act 1990 (Old) was replaced by the Queensland Heritage Act 1992 (Old) ('the Queensland Heritage
Act) which establishes the Queensland Heritage Register to take the place ot the schedule.
* Henritta Fourmile is the Director of Bukal Consultancies Services Pty Ltd and is a member of numerous international
and national committees on Indigenous rights in relation to bio-diversity and intellectual property.
1.  For a commentary on this Act see D. S Trigger Aborigines, Anthropologists and the Aboriginal Relics Issue in
Queensland, Occasional Papers in Anthropology Anthropology Museum, University of Queensland, St Lucia (1980).
2.  The Department at the time responsible for the administration of Aboriginal and Torres Strait Islander Affairs.
3.  Queensland Department of Community Services, Annual Report 1988-89. p. 44
4.  Ministerial Statement, Green Paper Proposals for a Heritage Act for Queensland: A Discussion Paper, Queensland
Department of Environment and Heritage, Brisbane, (October 1990). p. 1.
5.  P. Marquis-Kyle (ed.), Heritage Futures for Queensland: Papers from a Seminar about Heritage Legislation, Australia
ICOMOS and Institute of Cultural Policy Studies. Brisbane, (1991). p. 2.
6.  Queensland Department of Environment and Heritage, Green Paper Proposals for a Heritage Act for Queensland: A
Discussion Paper, Brisbane, (October 1990) p. 5.
7.  Queensland Department of Environment and Heritage, Annual Report 1991-92, p. 7.

(1996) 1 AILR

507

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