New South Wales Consolidated Acts

NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 71AU

71AU Report to Minister

(1) In preparing a report for the Minister, the Secretary is to consider the following--

(a) whether the lands concerned contain places of spiritual or mythological importance in accordance with Aboriginal custom or lore,

(b) whether the lands contain places used for the conduct of ceremonial activities by Aboriginal persons, including areas recognised for gender specific cultural activities,

(c) whether the lands contain areas that are significant for their association with Aboriginal life after occupation of the area in which the lands are situated by persons of European extraction.

(2) The Secretary's report is to make comment on the following matters in relation to the lands concerned--

(a) whether Aboriginal burials or remains, or both, are present,

(b) the rarity of types of Aboriginal sites and objects on the lands in the context of the cultural area in which the lands are located,

(c) the diversity of Aboriginal sites and objects on the lands,

(d) the antiquity of Aboriginal sites and objects on the lands,

(e) whether the lands have been listed--

(i) in the Register of the National Estate kept in pursuance of the Australian Heritage Commission Act 1975 of the Commonwealth, or

(ii) as an item of cultural heritage of outstanding universal value in accordance with the World Heritage Properties Conservation Act 1983 of the Commonwealth and the Convention for the Protection of the World Cultural and Natural Heritage that is referred to in section 71AD (2) (c) (ii),

on the basis, or partly on the basis, of their cultural significance to Aboriginal persons.

(3) The Secretary must also indicate in the report whether any disagreement exists among the persons or bodies consulted by the Secretary regarding the proposal as to whether the lands are of cultural significance to Aboriginal persons or should be listed in Schedule 14, or both.

(4) The Secretary may include any other matters in the report that the Secretary considers to be relevant.