Document ID: chunk:federal_register_of_legislation:F2023L00437:body:0:p67
Version: federal_register_of_legislation:F2023L00437
Segment Type: other
Provision Reference: 
Character Range: 183539–186706

In addition to the NHL and CHL, the EPBC Act also protects all heritage on Commonwealth land. It also protects heritage outside Commonwealth land, from actions happening on Commonwealth land or by Commonwealth agencies. In accordance with the definition of 'heritage values' under the Act, this includes Indigenous, historic and natural heritage values. These heritage values may or may not be listed on the NHL and CHL. These heritage values should be identified, recognised and managed as part of the management of any Commonwealth-owned or managed heritage place.

    4.2.2  Indigenous Heritage Values

 Indigenous/Aboriginal cultural values and heritage management aims to sustain the relationship between Indigenous people and their heritage places. Assessments of Indigenous heritage values should take into consideration the principles outlined in the Ask First Guidelines,1 in which consultation is a key factor in the process of identifying heritage values.

    In recognising the rights and interests of Indigenous peoples in their heritage, all parties concerned with identifying, conserving and managing this heritage should acknowledge, accept and act on the principles that Indigenous people:

         * are the primary source of information on the value of their heritage and how this is best conserved;

         * must have an active role in any Indigenous heritage planning process;

         * must have input into primary decision-making in relation to Indigenous heritage so they can continue to fulfil their obligations towards this heritage; and

         * must control intellectual property and other information relating specifically to the heritage, as this may be an integral aspect of its heritage values.

    In identifying and managing this heritage:

         * uncertainty about Indigenous heritage values at a place should not be used to justify activities that might damage or desecrate this heritage;

         * all parties having relevant interests should be consulted on indigenous heritage matters; and

         * the process and outcomes of Indigenous heritage planning must abide by customary law, relevant Commonwealth and State/Territory laws, relevant International treaties and covenants and any other legally binding agreements.

    Adhering to cultural restrictions on information about an Indigenous heritage place is essential to maintaining its heritage value.2

4.2.3  Natural Heritage Values

   As outlined in the Australian Natural Heritage Charter, for the conservation of places of natural heritage significance,3 natural heritage is defined as:

      Natural heritage comprises the natural living and non-living components, that is, the biodiversity and geodiversity, of the world that humans inherit. It incorporates a range of values, from existence value to socially-based values.

   In making decisions that will affect the future of a place it is important to consider all heritage values— both natural and cultural—as issues relating to the conservation and heritage management of cultural values that may affect the selection of appropriate conservation processes, actions and strategies for