Western Australian Current Acts

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ABORIGINAL HERITAGE ACT 1972 - SECT 39

39 .         Functions of the Committee

        (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.]



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