Environmental Defenders Office
  • What we do
  • The Latest
  • Legal Resources
Donate
Environmental Defenders Office
Donate
  • What we do
  • The Latest
  • Legal Resources
Environmental Defenders Office

Aboriginal Cultural Heritage Laws in Tasmania

Download

Summary

Key takeaways

In Tasmania, Aboriginal Cultural Heritage, which includes objects, sites or places of significance to the Aboriginal people of Tasmania (including ancestral remains), is dealt with under the Aboriginal Heritage Act 1975 (Tas).

Unless authorised by the Tasmanian Minister for Aboriginal Affairs, it is an offence under the Act to:

  • destroy, damage, deface or conceal an object, site or place
  • destroy, damage or remove an object
  • copy a carving or engraving through direct contact
  • sell, exchange or dispose of an object or a deceptive replica
  • dig up Crown Land to search for Aboriginal Heritage.

For declared protected sites, it is an offence under the Act to:

  • destroy, damage, conceal, excavate or carry out an act likely to endanger a protected object
  • harm or interfere with any infrastructure (e.g. fencing)
  • remove a protected object from the site.
Key actions
  1. Report threats or damage to Aboriginal Cultural Heritage to Aboriginal Heritage Tasmania
  2. Report a potential Aboriginal Heritage object, site or place to Aboriginal Heritage Tasmania
  3. Write to the Tasmanian Minister for Aboriginal Affairs asking for land to be declared as a protected site
  4. Nominate Cultural Heritage for listing on the Tasmanian Heritage Register
  5. Apply to the Federal Minister for the Environment for a declaration to protect Cultural Heritage under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth)

This resource appears in:

Factsheet Protect Country and culture TAS

More on this topic

Queensland Handbooks
Caring for Country: A Guide to Environmental Law for Aboriginal Communities in NSW
Draft Environmental Legislation (Miscellaneous Amendments) Bill 2019
Submission on Tasmania’s Local Government Reform Directions Paper
Review of the Aboriginal Heritage Act 1975

Need more guidance?

Apply for legal advice

Join the legal battle to protect our unique and precious environment

With support from people like you, we can run more groundbreaking cases and deliver expert legal advice to people all over the Australia-Pacific region.

Donate Today

Subscribe to our monthly newsletter

  • This field is for validation purposes and should be left unchanged.
  • Our board
  • Our people
  • Our clients
  • Our annual reports
  • Our funding
  • Reconciliation
  • Our policies
  • Philanthropic Giving
  • Gifts in wills
  • Work with us
  • Volunteer with us
  • Events and training
  • Contact us
  • Facebook
  • Threads
  • LinkedIn
  • Instagram

Authorised by Joanna Shulman, Environmental Defenders Office Ltd, Suite 8.02 Level 8, 6 O’Connell St, Sydney NSW 2000 • ABN: 72 002 880 864

Postal Address:
PO Box R1105 Royal Exchange NSW 1225


EDO recognises the traditional owners and custodians of the land, seas and rivers of Australia. We pay our respects to Aboriginal and Torres Strait Islander elders past and present, and aspire to learn from traditional knowledge and customs so that, together, we can protect our environment and cultural heritage through law.