Forestry Fact Sheet Number 28

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Aboriginal Heritage and Forestry Video Part 1	Aboriginal Heritage and Forestry Video Part 2	Aboriginal Heritage and Forestry Video Part 3

What is Aboriginal Heritage?

For Aboriginal people, heritage forms part of the fabric of Aboriginal culture. Aboriginal people are, and always have been, connected to the lands and waters of Australia. This connection is the cornerstone of Aboriginal peoples' culture and identity and contributes to their physical, economic, emotional and spiritual wellbeing.

Ongoing connection to ancestral lands, often referred to as Country, involves maintaining cultural obligations, such as caring for Country. Caring for Country takes many different forms including:

• Sustainable management of land
• Protection of sacred sites and objects
• Preservation of waterways
• Cultural practices, such as ceremonies.

The location of heritage sites and artefacts, as well as their significance (or cultural knowledge), is culturally privileged information. Access to this information should be respected and treated as confidential.

Protection of Aboriginal Heritage

The South Australian Aboriginal Heritage Act 1988 (the Act) provides for the identification, protection and preservation of remains and archaeological sites and objects, which includes:

• Culturally modified trees (scar trees);
• Burial mounds or sites;
• Middens or other sites used for camping or eating;
• Remnants of shelters;
• Cooking utensils or other tools;
• Stone flint sites or objects of technology; and
• Cultural artefacts, paintings and carvings.

Under section 23 of the Act, it is an offence to damage, disturb or interfere with an Aboriginal heritage site, object or remains. The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Commonwealth) also provides protection for Aboriginal heritage.

"It's really important for Aboriginal communities to have heritage sites protected as it plays an important role in preserving a cultural connection to Country."
Paul Dixon, Living Kaurna Cultural Centre, Bedford Park, South Australia

Paul Dixon standing next to a scar tree

How to Support Conservation of Aboriginal Heritage

There are places, natural features, species of flora and objects that are of cultural importance to the Aboriginal groups and people associated with a given area. Forestry businesses can play an important role in the identification and protection of Aboriginal heritage sites and objects.

To establish what is considered heritage by Aboriginal people, it is suggested that the following steps are undertaken when projects are commencing:

• All forestry project managers should engage with the Traditional Owners of the proposed site. It is advisable to factor in engagement at the project development stage.
• Seek advice from appropriate Aboriginal heritage organisations. In some instances heritage surveys may be required.
• Be respectful of cultural issues when dealing with heritage matters. For example, Traditional Owners may not be able to disclose the nature or location of some culturally sensitive sites.
• Note the importance of not relying solely on government registers of heritage sites, as these are often incomplete.
• Obtain support and information from South Australian Native Title Services, the South Australian Aboriginal Heritage Committee and Department of Premier and Cabinet's Aboriginal Affairs and Reconciliation Division (AARD). They will also be able to provide contact details of Traditional Owners.
• Engage with Aboriginal people throughout the project, as this is the most effective and appropriate way to ensure heritage is protected.

What to do if a Suspected Heritage Site is Found

It is important to comply with both the Aboriginal Heritage Act 1988 (the Act) and the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Commonwealth). In situations involving unearthing of remains, regardless of estimated age, actions should comply with both these Acts and the Coroners Act 2003 (SA).

Careful project planning and forestry practices should ensure that heritage sites and artefacts are properly identified and protected. The Act provides clear directions and support for businesses and property owners, and encourages engagement with Aboriginal people and heritage organisations to minimise risks and maximise conservation of heritage.

Under section 20 of the Act, if a suspected site is discovered owners of the site, their employees or agent, must report the discovery to the Minister of Aboriginal Affairs and Reconciliation. In the first instance, contact AARD to obtain advice on notifying the Minister's office.

There are simple steps that property owners and site workers can undertake if a suspected heritage site, object or remains have been discovered:

1. Cease work immediately and contact the AARD Aboriginal Heritage Branch. In the case of remains, contact the South Australian Police, who will contact AARD;
2. Do not disturb or interfere with the site, and if necessary, stabilise the area around the site;
3. Record the location of the site, object or remains, details of the person/s that discovered the site and other relevant details.
4. AARD will advise on the process to be followed. This might involve a site visit by the Aboriginal Heritage Branch or lodgement of a section 23.

"When we talk about Aboriginal Heritage being protected under the Act we are talking about it all; that which you can see and that which is part of the custom and belief, and tradition passed on by the many generations."
Anne Stimson, Manager and Executive Consultant, Aboriginal Affairs and Reconciliation Division, Department of Premier and Cabinet

Recommended Reading

Fact Sheets: Obligations under the Aboriginal Heritage Act (1988)
A guide to the Act, and how it relates to businesses and property owners, can be viewed or downloaded on:
www.premcab.sa.gov.au/pdf/heritageact/01overview.pdf

National Indigenous Forestry Strategy

The National Indigenous Forestry Strategy (NIFS), under the Commonwealth Department of Agriculture, Fisheries and Forestry, aims to encourage Aboriginal and Torres Strait Islanders participation in forestry activities, in partnership with the forestry industry. NIFS expects such partnerships will ensure sustainable benefits for Aboriginal and Torres Strait Islander communities, as well as benefiting forest and wood products industries.

More information on the Strategy, and how your business or organisation can become involved, can be found on: www.daff.gov.au/forestry/policies/nifs

Contacts for Further Information and Support

Aboriginal Affairs and Reconciliation Division SA Department of Premier and Cabinet
Phone: (08) 8226 8900
www.premcab.sa.gov.au/dpc/department_aard.html

South Australian Native Title Service (SANTS)
Phone: (08) 8110 2800 or 1800 010 360
www.nativetitlesa.org

State Aboriginal Heritage Committee (SA)
Phone: (08) 8226 6200

PIRSA Forestry
E-mail: pirsaforestry@sa.gov.au
Phone: (08) 8735 1232

The information in this publication can be provided on request in an alternative format or another language for those who need it.

DISCLAIMER:
While this publication may be of assistance to you, the Government of South Australia and its officers do not guarantee that it is without flaw of any kind or is wholly appropriate for your particular purpose. The Government therefore disclaims all liability for any error, loss or other consequence that may arise from you relying on any information in this publication.

Last Revised September 2011
Prepared by Rural Solutions SA