title: A Private Governance Analysis of the Effectiveness of Aboriginal Cultural Heritage Protection in Queensland
Creators: name: Campion, Lucy M
Publisher: name: Griffith University
Year: 2022
Subjects: subject: Aboriginal Cultural Heritage Act
subject: current legislative regime
subject: Quandamooka Yoolooburrabee Aboriginal Corporation
subject: Jabree
subject: Queensland

description: The current protection regime for Aboriginal cultural heritage in Queensland is a complex collection of State and Commonwealth legislative instruments. At a State level, the Aboriginal Cultural Heritage Act 2003 (Qld) (ACHA) provides for direct cultural heritage protection through offence provisions and indirect protection through an agreement -making model. The agreement-making model encourages, and in certain circumstances requires, agreement-making between proponents and Aboriginal groups for the protection and management of Aboriginal cultural heritage. This research examines and evaluates the effectiveness of the agreement-making model in protecting Aboriginal cultural heritage in Queensland, exploring the reasons for its effectiveness or ineffectiveness. This research uses a qualitative, nested case study approach. This involves an in-depth analysis of the ACHA to explore the strengths and weaknesses of the current legislative regime. Two case studies of negotiations between Aboriginal groups and proponents are used to understand how the ACHA operates on the ground. A private governance analytical framework is applied to the cultural heritage approach and agreement-making processes of both case studies. A private governance analytical framework provides insights into the public function of cultural heritage agreements. It also provides a platform for exploring critical questions regarding accountability, legitimacy, and the capacity of private governance arrangements to protect Aboriginal cultural heritage. The research evaluates the case study agreements according to the criteria developed by O'Faircheallaigh (2008) in his study of cultural heritage provisions in 41 mining agreements across Australia. These criteria measure both the level of protection provided in the agreements and the means provided to ensure the effectiveness of protection. The two case studies are Jabree Ltd (Jabree) and Quandamooka Yoolooburrabee Aboriginal Corporation (QYAC). Jabree is the Aboriginal cultural heritage body for the Greater Gold Coast area. QYAC is the prescribed native title body corporate and Aboriginal cultural heritage body for Minjerribah (North Stradbroke Island) and Mulgumpin (Moreton Island). The two case study groups are physically proximate and are operating under the same piece of cultural heritage legislation. However, they produce widely different cultural heritage agreements and have distinct cultural heritage approaches. This thesis explores and explains variability in agreement outcomes. This thesis demonstrates that the ACHA is not operating as an effective tool for the protection and management of Aboriginal cultural heritage in Queensland. The lack of State involvement has not assisted the protection of Aboriginal cultural heritage in Queensland. The analysis of real-world negotiations reveals the particular barriers and challenges faced by Aboriginal groups in protecting and managing their cultural heritage in Queensland, and these include the unevenness of the playing field between proponents and Aboriginal groups, a lack of integration between cultural heritage and planning legislation, the impact of native title, and the resourcing and capacity of Aboriginal Cultural Heritage Bodies. This thesis contributes to the information available to Aboriginal groups for negotiations and agreement-making and assists in building an evidence base for future legislative and policy reform for the protection of Aboriginal cultural heritage in Queensland.