(1) The functions of
the Committee are —
(a) to
evaluate on behalf of the community the importance of places and objects
alleged to be associated with Aboriginal persons;
(b)
where appropriate, to record and preserve the traditional Aboriginal lore
related to such places and objects;
(c) to
recommend to the Minister places and objects which, in the opinion of the
Committee, are, or have been, of special significance to persons of Aboriginal
descent and should be preserved, acquired and managed by the Minister;
[(d) deleted]
(e) to
advise the Minister on any question referred to the Committee, and generally
on any matter related to the objects and purposes of this Act;
(ea) to
perform the functions allocated to the Committee by this Act; and
(f) to
advise the Minister when requested to do so as to the apportionment and
application of moneys available for the administration of this Act.
(2) In evaluating the
importance of places and objects the Committee shall have regard to —
(a) any
existing use or significance attributed under relevant Aboriginal custom;
(b) any
former or reputed use or significance which may be attributed upon the basis
of tradition, historical association, or Aboriginal sentiment;
(c) any
potential anthropological, archaeological or ethnographical interest; and
(d)
aesthetic values.
(3) Associated sacred
beliefs, and ritual or ceremonial usage, in so far as such matters can be
ascertained, shall be regarded as the primary considerations to be taken into
account in the evaluation of any place or object for the purposes of this Act.
[Section 39 amended: No. 8 of 1980 s. 10; No. 24
of 1995 s. 32.]