Commonwealth Numbered Regulations - Explanatory Statements

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ABORIGINAL AND TORRES STRAIT ISLANDER HERITAGE PROTECTION (AMENDMENT) REGULATIONS 2003 (NO. 1) 2003 NO. 187

Section 32 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (the Act) empowers the Governor-General to make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Subsection 21A(1) of the Act defines a 'local Aboriginal community' as an organisation that is specified in the Schedule to the Act.

Subsection 21A(2) provides that regulations under the Act may amend the Schedule by adding, omitting or varying the name of an organisation that is incorporated in, or carries on business in, Victoria.

Subsection 21A(1) of the Act also defines 'community area', in relation to a local Aboriginal community, as an area in Victoria declared by the regulations to be the area of that community for the purposes of Part IIA of the Act, which deals with Victorian Aboriginal cultural heritage. Part IIA sets up the arrangements under which local Aboriginal communities in Victoria can have a role in heritage protection functions in their respective community areas.

The purpose of the Aboriginal and Torres Strait Islander Heritage Protection (Amendment) Regulations 2003 is to promote the effective operation of Part IIA of the Act, by updating the Schedule of local Aboriginal communities and boundary descriptions of community areas to better represent the heritage interests of Victoria's Aboriginal communities.

The regulations add a new regulation 5E to the Aboriginal and Torres Strait Islander Heritage Protection Regulations (the Principal Regulations) to amend the Schedule to the Act by omitting the names of four organisations and adding the names of:

*       the Bangerang Cultural Centre Co-operative Limited, which is incorporated and carries on business in Victoria; and

*       the North West Nations Clans Aboriginal Corporation, the Taungurung Clans Aboriginal Corporation, the Victorian Boonerwrung Elders Land Council Aboriginal Corporation and the Yorta Yorta Nation Aboriginal Corporation, which carry on business in Victoria.

The Bangerang Cultural Centre Co-operative Limited is the changed name of the organisation formerly incorporated as the Shepparton Aboriginal Arts Council Co-operative Limited.

The North West Nations Clans Aboriginal Corporation and the Yorta Yorta Nation Aboriginal Corporation are taking responsibility for areas previously assigned to local Aboriginal community organisations that wish to cede their heritage protection functions under the Act.

The Taungurung Clans Aboriginal Corporation and the Victorian Boonerwrung Elders Land Council Aboriginal Corporation are added to the Schedule, but without community area responsibilities at this time.

The regulations also vary the existing community area boundary descriptions in Schedule 4 in the Principal Regulations, to reflect the changes to the Schedule of local Aboriginal communities.

The regulations will commence on gazettal.