Meeting its aims? Queensland’s Aboriginal Cultural Heritage Act 2003 and the tyranny of its framing
Journal Publication ResearchOnline@JCUAbstract
One of the principal aims of the Queensland Aboriginal Cultural Heritage Act 2003 is to provide statutory authority for the management of Aboriginal cultural heritage in an effective cultural heritage management regime for land users. Although some favourable outcomes exist for Aboriginal people under the Aboriginal Cultural Heritage Act 2003 [Qld], several weaknesses are also recognised, particularly around the implementation of the Duty of Care Guidelines. In this paper we evaluate the effectiveness of the Act and the Guidelines in protecting Aboriginal cultural heritage. We demonstrate that the Act offers a heritage management context that has at times directly contributed to the damage and destruction of Aboriginal heritage. In doing so, we review a case study to ground discussion of the problems identified in the Act and its Duty of Care Guidelines. Gaps identified between the intent of the Act and its practical application show that the Aboriginal Cultural Heritage Act 2003 [Qld] is positioned in a processual paradigm which focuses on tangible heritage, with Aboriginal constructions of a broader heritage largely ignored.
Journal
Historic Environment
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Volume
34
ISBN/ISSN
0726-6715
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Issue
1-3
Pages Count
14
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Publisher
Australia ICOMOS
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