Ask First

A guide to respecting Indigenous

heritage places and values
Contents

MESSAGES 1

BACKGROUND AND DEFINITIONS 3

INDIGENOUS HERITAGE CONSERVATION 5

THE INDIGENOUS HERITAGE MANAGEMENT PROCESS 7

INITIAL CONSULTATION 8
• Identify Traditional Owners and other Indigenous people with
rights and interests in the area
• Identify non-Indigenous people with rights and interests in the area
• Meet with relevant Indigenous people to describe the project or activity
• Agree on a process for addressing Indigenous heritage matters
• Arrange a meeting of all stakeholders to discuss the project or activity
and agree who will undertake work
• Dealing with disputes

IDENTIFYING INDIGENOUS HERITAGE PLACES AND VALUES 12

• Undertake background research
• Ensure that the relevant Indigenous people are actively involved and
identify their heritage places and values

MANAGING INDIGENOUS HERITAGE PLACES 14

• Identify any special management requirements with relevant
Indigenous people
• Meet with all stakeholders to identify constraints on managing
identified heritage places and values
• Implement and review outcomes with relevant Indigenous people and
other stakeholders

EXAMPLES OF INDIGENOUS HERITAGE MANAGEMENT PRACTICES 16

REFERENCES AND RESOURCES 18

COMMONWEALTH, STATE AND TERRITORY HERITAGE AGENCIES CONTACTS 20

Messages

A MESSAGE FROM THE

AHC CHAIRMAN

Planning and development decisions can unwittingly affect the values

of Indigenous heritage places. Sometimes this is because those making
the decisions perceive Indigenous heritage issues as complex and find
them difficult to discuss with Indigenous communities. Over the last
quarter of a century, the Australian Heritage Commission has worked to
increase people’s understanding about Indigenous heritage places and
their conservation.

Ask First: A guide to respecting Indigenous heritage places and values

provides a practical guide for land developers, land users and managers,
cultural heritage professionals and many others who may have an impact
on Indigenous heritage. The title - Ask First - is the message of this book;
that consultation and negotiation with Indigenous stakeholders is the best
means of addressing Indigenous heritage issues. It is also the first, and
simplest step that people need to take, and that is to put the subject on
the agenda.

The Commission has promoted guidelines to help Australians protect

different aspects of their natural and cultural heritage places, including
the Australia ICOMOS Burra Charter, 1999, and the Australian Natural
Heritage Charter. Ask First: A guide to respecting Indigenous heritage
places and values will fill an important role in complementing these
guides.

Maintaining heritage values and places is a vital part of the community’s

‘sense of place’, cultural identity and well-being. This is particularly true
for Indigenous Australians, whose heritage creates and maintains links
between ancestors, people and the land.

The entirely different nature of Indigenous heritage and lack of familiarity

or awareness in the wider community of the issues associated with it
makes this guide both timely and important.

By using this guide and working together, we can ensure that the rights
and interests of Indigenous people in maintaining their heritage is
accepted and respected. I have no doubt that in doing so, all Australians
will benefit.

Tom Harley
Chairman
Australian Heritage Commission

Ask First – A guide to respecting Indigenous heritage places and values

1
 A MESSAGE FROM THE
INDIGENOUS COMMISSIONER

Ask First: A guide to respecting Indigenous heritage places and values

builds on previous work by the Commission in developing policy and
guidelines for consultation with Indigenous people in relation to
heritage. This includes the ground-breaking 1989 report Consultation
with Aboriginal people about Aboriginal heritage prepared by one of
my predecessors, Indigenous Commissioner, Dr Bill Jonas AM. It also
includes the internal policies developed by the Commission on
consultation with Indigenous people about heritage places and on the
use of images of those places.

At critical moments, members of an Indigenous Focus Group provided

direction and shape to the process set out in Ask First. Without this
input Ask First would have been a very different and, I believe,
less useful document. The focus group also recommended the process
of wider consultation with mining, industry and other stakeholders,
recognising that the final document had to be useful to a broad range
of interest groups.

The broad support demonstrated through the industry consultation

process highlights the need for a document that will assist non-
Indigenous people in working with Indigenous heritage. I also hope
that Indigenous people will find the process outlined in Ask First a
useful adjunct to community protocols.

The Commission would appreciate feedback from those who use the
guidelines. Feedback can be e-mailed to [email protected].

Dr Gaye Sculthorpe
Commissioner
Australian Heritage Commission

2
Background and Definitions

Indigenous heritage is a unique, irreplaceable part of Australia’s national

cultural heritage that requires greater recognition and protection.
The Australian Heritage Commission has developed a set of consultation
guidelines to help developers, researchers, cultural heritage professionals
and other land users deal with issues relating to the identification,
management and use of Indigenous heritage places and values.
The Commission also hopes that Indigenous people will find the guide,
in conjunction with their own protocols for consultation, useful when
dealing with projects or activities that may impact on their heritage
places and values.

The consultation guidelines build on earlier work undertaken in the

1990s by the then-Department of Communication and the Arts to
develop the Draft Guidelines for the Protection, Management and Use
of Aboriginal and Torres Strait Islander Heritage Places (the draft
guidelines). Protocols for Indigenous heritage management developed
by Indigenous communities and organisations, industry, heritage
practitioners, the Commonwealth, State governments and comments on
the original draft guidelines were considered when developing Ask
First. The Commission’s Indigenous Focus Group provided invaluable
input during the development of this publication.

Heritage professionals and communities who have worked with the

Australia ICOMOS Charter for Places of Cultural Significance (the Burra
Charter) or the Australian Natural Heritage Charter for the conservation
of places of natural heritage significance will notice a different emphasis
in Ask First. This publication focuses on allowing the relevant Indigenous
people to determine the significance of places in accordance with their
culture before moving to achieving agreements between parties on how
places and heritage values should be managed. As such, it complements
the Australian Natural Heritage Charter and the Burra Charter.

Ask First’s consultation guidelines are divided into five sections. The first
section describes the background to the publication and provides
definitions for some of the terms used. The next section describes the
purpose of Indigenous heritage conservation and provides a few key
principles on Indigenous heritage conservation. The main part of the
document is the consultation and negotiation process, which is set out
in the third section. The fourth section is a bibliography and the final
section lists Commonwealth, State and Territory heritage contacts.
Aboriginal hide for hawk hunting,
The consultation and negotiation process is divided into three major
Keep River National Park, NT.
stages: Initial Consultation; Identifying Indigenous Heritage Places and
Values; and Managing Indigenous Heritage Places. Each stage is divided Source: Skyscans Australia

into smaller actions with the issues that need to be considered.

In addition there are some hints to help people address issues and
examples of Indigenous heritage management practices.

One of the difficulties associated with a proposed project or activity that

involves an Indigenous heritage place and values may be disagreement
between Indigenous people. A set of simple hints is provided on
dealing with such disputes.

Ask First – A guide to respecting Indigenous heritage places and values

3
 DEFINITIONS
Indigenous heritage is dynamic. It includes tangible and intangible
expressions of culture that link generations of Indigenous people over
time. Indigenous people express their cultural heritage through ‘the
person’, their relationships with country, people, beliefs, knowledge,
law, language, symbols, ways of living, sea, land and objects all of
which arise from Indigenous spirituality.

Indigenous heritage places are landscapes, sites and areas that are
particularly important to Indigenous people as part of their customary
law, developing traditions, history and current practices. All Indigenous
heritage places have associated Indigenous heritage values.

Indigenous heritage values include spirituality, law, knowledge,

practices, traditional resources or other beliefs and attachments.

The precautionary approach is taken where an activity involves a

risk of significant irreversible damage to a place. Uncertainty about
heritage values at the place should not be used as justification for
proceeding with that activity. This approach should be used when
there is uncertainty or debate over the significance of a place to ensure
that heritage values are not damaged.

Traditional Owners are those people who, through membership in a

descent group or clan, have responsibility for caring for particular
country. Traditional Owners are authorised to speak for country and its
heritage. Authorisation to speak for country and heritage may be as a
senior traditional owner, an elder, or in more recent times, as a
registered Native Title claimant.

Other Indigenous people with interests are those people who

through their personal or family history of involvement with a particular
place have an interest in its heritage values. Such places could include,
but are not limited to, mission stations, places of Indigenous protest, and
areas of land where people worked. Sometimes these people are
described as custodians, but this can mean different things in different
areas of Australia. In some areas custodians are responsible for looking
after places and sometimes the stories and ceremonies linked to these
places. In other areas custodians are Indigenous people who look after a
place on behalf of others.

The relevant Indigenous people (a term used throughout the

document) are the Traditional Owners and other Indigenous people
with interests in a place.

4
Indigenous Heritage Conservation

Indigenous cultural heritage exists throughout the lands and waters of

Australia and all aspects of the landscape may be important to
Indigenous people as part of their heritage. The rights and interests of
Indigenous people in their heritage arise from their spirituality,
customary law, original ownership, custodianship, developing
Indigenous traditions and recent history. The effective protection and
conservation of this heritage is important in maintaining the identity,
health and well being of Indigenous people. Maintaining Indigenous
heritage should also ensure a continuing role for these people in caring
for country, something that benefits everyone.

Indigenous heritage is a central element in Indigenous spirituality and

customary law. Its conservation ensures continued respect for
Indigenous ancestors and ancestral beings who shaped the land and
waterways. Many Indigenous groups have a relationship of mutual
obligation with certain animals or plants. This spiritual relationship is an
important aspect of Indigenous cultural heritage that should not be
overlooked. Indigenous heritage places are also part of the story of
Indigenous people including their recent history of resistance, survival
and cultural revival.

PURPOSE
Indigenous heritage conservation and management aims to sustain the
relationship between Indigenous people and their heritage places in
such a way that the heritage values of each place are maintained for
present and future generations of all Australians.

Indigenous cultural heritage exists throughout the lands and waters of Australia and all
aspects of the landscape may be important to Indigenous people as part of their heritage
Source: Aboriginal Areas Protection Authority

Ask First – A guide to respecting Indigenous heritage places and values

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 PRINCIPLES
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 their heritage, as this may be an integral aspect of its
heritage value.

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.

I N V O LV I N G I N D I G E N O U S P E O P L E
Consultation and negotiation are central to the Indigenous heritage
management process outlined in this document. It is important to
recognise that Indigenous people often have a broad range of issues
that they need to address and your project or activity may not be an
immediate priority. Negotiating the level of involvement of the relevant
Indigenous people is an important part of the early negotiation process.

In some cases Indigenous people may be happy to be kept informed

about the project or activity, while in other cases they may want more
active involvement. The process outlined in this document covers
instances where the relevant Indigenous people wish to be actively
involved and it will need to be modified where Indigenous people are
comfortable with simply being informed about progress on a project.
However, it is recommended that the relevant Indigenous people
formally agree when a different process is negotiated.

6
The Indigenous Heritage
Management process
FIG.1 PROCESS FOR IDENTIFYING AND MANAGING INDIGENOUS HERITAGE PLACES

Identify Traditional Owners and other Indigenous

people with rights and interests in the area

Identify non-Indigenous people with

CHECK POINT rights and interests in the area
Meet with relevant Indigenous people to
describe the project or activity

Agree on a process for addressing

Indigenous heritage matters

Arrange a meeting of all stake holders to discuss the project or activity and agree
who will undertake work

Undertake background research

Revise proposed
project or activity CHECKPOINT
or decide not to Ensure that the relevant Indigenous people
proceed with are actively involved and identify their heritage
project or activity. places and values.

Identify any special management

requirements with relevant Indigenous people

CHECKPOINT
Meet with all stakeholders to identify constraints on managing identified heritage places and values.

Implement and review outcomes with relevant Indigenous people and other stakeholders.

At each checkpoint do the following:

ACTIONS
• Establish if Indigenous people agree to the project or activity.
• Accept that Indigenous people may not articulate the reasons for opposing a
project or activity particularly where it may impact on an important heritage place.

HINTS
• Consider applying the precautionary approach where Indigenous people do
not support the project or activity, recognising that Indigenous people may use
State/Territory legislation to protect their heritage.
• Revise the project and return to the checkpoint at phase two.

Ask First – A guide to respecting Indigenous heritage places and values

7
 Initial Consultation

IDENTIFY TRADITIONAL OWNERS AND OTHER INDIGENOUS

PEOPLE WITH RIGHTS AND INTERESTS IN THE AREA

ACTIONS
• Identify Indigenous people with rights and interests in a place,
especially Indigenous people authorised to speak for a place,
taking into account that Indigenous people will have differing
degrees of knowledge about heritage places and their importance.
• Ensure both men and women with rights and interests in the area
are identified because men and women may be responsible for
different heritage places and values.
• Identify Indigenous people who may not necessarily be Traditional
Owners but who have interests in an area so that any effects of the
project or activity on the Indigenous heritage values of places such
as mission stations and historic buildings will be identified.
• Investigate whether the interests of Indigenous people from
surrounding areas may also be affected by a project or activity. For
example activities that affect water flows will require consultation
with communities downstream of the project or activity.
• Identify and adhere to any process or protocols that Indigenous
people have established for consultation.
• Undertake consultation for each new project unless Traditional
Owners and other interested Indigenous people agree that this is
not necessary.

HINTS
• Aboriginal Land Councils, Regional ATSIC offices, state heritage
agencies, State Aboriginal Affairs offices/departments, the National
Native Title Tribunal, Native Title representative bodies, Native Title
claimants and Prescribed Body Corporates under the Native Title
Act, can provide advice on how to identify the relevant authorised
and other Indigenous people with interests in a place.
• It may be appropriate for separate male and female teams to
undertake consultation.
• It is advisable for the project team to develop a relationship with
the relevant Indigenous people and not leave this solely to paid
consultants.

8
IDENTIFY NON-INDIGENOUS PEOPLE WITH RIGHTS AND
INTERESTS IN THE AREA

ACTIONS
• Identify other landowners, lessees, local councils, State/Territory
Government agencies and Commonwealth Government
departments and in some cases tourist and recreational groups
who have rights and interests in the area.

MEET WITH RELEVANT INDIGENOUS PEOPLE TO DESCRIBE

THE PROJECT OR ACTIVITY

ACTIONS
Make the description of the project or activity factual and clear.
Remember to:
• outline any potential implications of the project (financial,
cultural, environmental, educational and others);
• any prior discussions and agreements with third parties (eg State
agencies) and other stakeholders (Indigenous and non-
Indigenous) that need to be consulted, Provide people with any relevant
• provide people with any relevant documentation, including maps documentation, including maps of the area
of the area being discussed; being discussed
• allow time for Indigenous people to decide whether they wish to
Source: Aboriginal Areas Protection Authority
become involved in the activity or project;
• check on whether you need to describe the project to other
Indigenous groups. Ensure that all Indigenous groups receive the
same information and that this is sufficient for them to provide
informed consent; and
• respect Indigenous people’s right to choose the time and location
of the meetings.

HINTS
• Offer assistance with mediation where more than one group has
an interest in or traditional links to an area. This may assist in
obtaining agreement as to who needs to be involved in the
project.
• Where groups are in dispute, focus on developing ways of Large, medium and small projects may affect
protecting heritage that can be agreed to by all parties. Indigenous heritage places and values.
• It may be appropriate for this consultation to occur in smaller This housing subdivision is an example of a
groups rather than large meetings. medium sized project.
Source: Aboriginal Areas Protection Authority

Ask First – A guide to respecting Indigenous heritage places and values

9
 AGREE ON A PROCESS FOR ADDRESSING INDIGENOUS
HERITAGE MATTERS

ACTIONS
• Agree on the manner, timing and level of consultation and
involvement required for the project.
• Decide who will hold copyright over any work undertaken with
Indigenous people to identify or establish management regimes for
Indigenous heritage places.
• Decide whether separate reports should be produced for male
and female Traditional Owners and another that is open access
(has restricted information removed).
• Determine whether there is a need to help resource the
dissemination of the results of any work, the process for
obtaining comment from Indigenous people on reports and how
many copies of the final report are required.
• Agree on processes for obtaining informed consent from
Indigenous people to display any information gathered, including
publishing on the Internet.
• Formalise any protocols and agreements.
• Involve Indigenous people in developing Terms of Reference for
any consultancies.
• Include Indigenous people in selection processes for any
consultants and seek their agreement to the appointment of
specialists employed on the activity or project.
• Identify the resources required to maintain community
involvement (for example arranging travel to meetings, payments
for surveys).

Describing a project or activity to HINTS

Indigenous people
Involving Indigenous people from the initial stages of a project or
Source: Aboriginal Areas Protection Authority activity will allow mutually agreed processes and time lines to be
developed that take into account the priorities of Indigenous
people. This may also assist in developing mutual trust and a
positive working relationship.

10
ARRANGE A MEETING OF ALL STAKEHOLDERS TO DISCUSS
THE PROJECT OR ACTIVITY AND AGREE WHO WILL
UNDERTAKE WORK

ACTIONS
• Arrange an early meeting of all the identified stakeholders to
provide a forum where Indigenous people can explain issues
relating to Indigenous heritage to non-Indigenous stakeholders.
Such a meeting also helps to ensure that Indigenous issues are
made visible to the wider community and recognises the need to
negotiate with Indigenous people.
• Agree upon processes for mediating and resolving disputes
between parties that may arise during the course of the project
(see Dealing with Disputes below).
• Consider adopting a precautionary approach in cases where
Indigenous people refuse to be involved in a project. This prevents
the possibility of damage or desecration to any Indigenous heritage
places and the resultant incurrence of substantial penalties.

HINTS
• State heritage agencies can help identify any reporting or
legislative requirements. Representatives from these agencies
should be involved in meetings

DEALING WITH DISPUTES

Two forms of dispute may be encountered when consulting and
negotiating with Indigenous people: disputes between Indigenous
groups, and disputes between Indigenous stakeholders, other
stakeholders and the people proposing the project or activity.

Hints for dealing with disputes within community

• Consider taking a precautionary approach. Protection of
Indigenous heritage values is important no matter what
competing claims are made.
• Do not become involved in disputes between Indigenous groups
because Indigenous disputes need to be resolved at the
community level.
• Be prepared to assist and possibly resource an appropriate
independent person or body to facilitate resolution of the dispute.
• Do not try and impose unrealistic timeframes for resolving
community disputes.
Hints for dealing with disputes between community, the
proponent and other stakeholders
• Identify formal and informal dispute resolution processes.
• Identify and consider using culturally appropriate forms of
dispute resolution (for example, meeting on country).
• Encourage everyone to use informal processes.
• Do not try and impose unrealistic timeframes for resolving disputes.

Ask First – A guide to respecting Indigenous heritage places and values

11
 Identifying Indigenous Heritage Places
and Values
UNDERTAKE BACKGROUND RESEARCH.

ACTIONS
• Include previous Indigenous cultural heritage and resource
surveys in any background research.

HINTS
• Relying solely on information about Indigenous heritage contained
in Government registers is not adequate as this information is
rarely comprehensive.
• A project should not rely solely on previous work to establish
Indigenous heritage values, as Indigenous people may not
disclose the existence of some heritage places unless there is a
serious and immediate threat of injury or desecration.
• Information can be sought from a number of organisations
including local Indigenous organisations, the Australian Institute
of Aboriginal and Torres Strait Islander Studies (AIATSIS), Native
Title representative bodies, State heritage agencies and Local
Government.

Always ask Indigenous people about their heritage – the Katawili or Dunna Dunna
plant is significant to the Ngalia people of Western Australia as part of a ‘Dreaming’.
Source: The Department of Agriculture, Western Australia

The resistance to letting Aboriginal people swim in the Moree pool during the
1965 Freedom Ride made it a symbol of the discrimination Aboriginal people
experienced in rural towns before the 1967 referendum.
Source: AHC Collection

12
ENSURE THAT THE RELEVANT INDIGENOUS PEOPLE ARE
ACTIVELY INVOLVED AND IDENTIFY THEIR HERITAGE
PLACES AND VALUES
Indigenous involvement in identification processes may be the only
way to establish the location of ‘Dreamings’, totemic obligations,
traditional food, medicine and material culture resources particularly as
there may be no obvious physical evidence for past or present
Indigenous use at these places. It is also the only way in which the
value of a place for Indigenous people can be established.

ACTIONS
• Ensure compliance with State/Territory and Commonwealth laws
by obtaining necessary permits for surveys and other activities
required to identify Indigenous heritage values.
• Ensure that sensitive information disclosed in the course of
identifying Indigenous heritage places and values is protected
from unnecessary further disclosure.
• Record the name of custodians of information where they have
more specific information about places and values.

HINTS
• Indigenous people are likely to describe the importance of a
heritage place in general terms (eg it’s that tree, it’s a law place,
it’s part of women’s business, it’s a burial place, it’s important
because there are lots of medicines here, this is where our
ancestors lived or this is the mission where I was taught).
They may also avoid discussing heritage places and values
because of cultural sensitivities, and this may be particularly true
for very important spiritual places.
• Advice on permits can be obtained by contacting the relevant
State/Territory heritage agency or Office of Aboriginal Affairs. Indigenous heritage may be found
• It may be appropriate for Indigenous males and females to on land or water – the remains of an
separately undertake the identification of heritage values and Indigenous fish trap
places. Source: Chrissy Grant

Ask First – A guide to respecting Indigenous heritage places and values

13
 Managing Indigenous Heritage Places

IDENTIFY ANY SPECIAL MANAGEMENT REQUIREMENTS

WITH RELEVANT INDIGENOUS PEOPLE

ACTIONS
• Respect that Indigenous people may need time to reach a
consensus on appropriate conservation and management.
• Understand that Indigenous management of heritage places may
maintain or rehabilitate any or all of the following: Indigenous
customary law, the relationships with land and water, the
physical material at a place as well as plant and animal diversity.
• Establish any values and issues that cannot be discussed in an
open meeting of all stakeholders.

HINTS
Indigenous management requirements could cover issues like:
• protecting culturally restricted information;
Repatriation of cultural material • removing and/or storing cultural material; and
• repatriation of material removed from the area for analysis.
Source: Koori Mail

MEET WITH ALL STAKEHOLDERS TO IDENTIFY CONSTRAINTS

ON MANAGING IDENTIFIED HERITAGE PLACES AND VALUES

ACTIONS
• Ensure consultation with other property owners, residents, local
shires and in some cases tourist and recreational groups, as well
as Traditional owners and Indigenous people with an interest in
the area.
• Inform all groups of the heritage, social and economic values so
they can take these into account when discussing management
requirements.
• Provide ongoing access to and management of heritage places by
Traditional Owners and other interested Indigenous people
which may be essential for maintaining the Indigenous heritage
value of the place.
• Apply the precautionary approach when there are differing
opinions among Indigenous people about the importance of a
place. Do not allow use of a place that is incompatible with one
group’s understanding of the heritage values of a place.
• Comply with Commonwealth and State/Territory laws and
identify the full range of legal obligations that may relate to
Indigenous heritage and other legal rights.
Continued over

14
 HINTS
Management issues that may need to be discussed or resolved by
all stakeholders include:
• employment of Indigenous people at a place where there are
significant Indigenous heritage values;
• implementation of cultural awareness training for non-Indigenous
people employed working with Indigenous heritage;
• resolve health, safety and Indigenous community development
issues.
• access for Indigenous people (getting people on country,
providing for ceremonies and educating the young);
• use of Indigenous resources; and
• access rules for non-Indigenous people including what activities a
developer, researcher or other non-Indigenous land user can
undertake at a place.
• procedures for mediation and dispute resolution.
Example of signs that show restrictions
Management arrangements are not completed until some form of
on access to places
formal agreement has been reached between all the relevant parties.
Source: Aboriginal Areas Protection Authority

IMPLEMENT AND REVIEW OUTCOMES WITH RELEVANT

INDIGENOUS PEOPLE AND OTHER STAKEHOLDERS

ACTIONS
• Ensure all parties agree to monitoring mechanisms and apply
them to management arrangements.
• Provide for management arrangements to be reviewed and if
necessary
amended in the light of changing circumstances.

HINTS
• Indigenous people may want to monitor cultural impacts, ground
works or disturbance and undertake any other measures for
Indigenous people monitoring ground
conserving the heritage value of a place.
disturbance for cultural impacts
• Understand that Indigenous people may also seek advice from
Source: Aboriginal Areas Protection Authority
Heritage or Land Managers to address specific management issues.

Ask First – A guide to respecting Indigenous heritage places and values

15
 Examples of Indigenous Heritage
Management Practices
When Traditional Owners, Custodians and other Indigenous people
manage their heritage they may maintain the value through one or more
of the following approaches:

MAINTENANCE
Actions that serve to keep the existing Indigenous heritage values of
a place.

EXAMPLES OF MAINTENANCE
• Restricting access by particular categories of people to some
places may be required to maintain Indigenous customary law.
• Allowing Indigenous people access to places so ceremonies and
other management practices can take place.
• Allowing access to traditional resources (eg food, ochre or plants)
may be important in its own right or may be necessary for
maintaining other cultural activities (eg ceremonies).
• Monitoring sensitive Indigenous places to ensure visitors treat them
with respect.
• Recording and passing on stories about a place so that the next
generation learns about its heritage value.
• Keeping natural processes (for example, water flows) that are an
integral part of the significance of a place.
• Cleaning country by removing rubbish, introduced plants and
other foreign material from areas. This may also include burning
areas of country.
• Monitoring of earth disturbance to ensure past Indigenous camp
sites are not disturbed.
• Painting at traditional art sites to ensure that law and tradition are
maintained.
• Maintaining and using structures related to events in Indigenous
peoples history (for example, cemeteries, mission buildings,
Indigenous settlements and sites of protest).

Access to areas with grasses and sedges is necessary for the making of traditional
Indigenous baskets
Source: Skyscans Australia

16
RESTORATION
Actions that conserve or add to the heritage value of a place.

EXAMPLES OF RESTORATION
• Trapping sand and revegetating to cover burials that are eroding
out of the ground.
• Repatriating (returning) material to the place where it was found to
conserve the heritage value of this material for Indigenous people.
• Reintroducing ceremonies to places.
• Using traditional or other knowledge to rebuild places such as
stone arrangements and fish traps that have fallen into disrepair.
• Repairing significant historic structures.

REMOVAL
Actions to conserve heritage values by removing items from a place.
This is normally a measure of last resort.

EXAMPLES OF REMOVAL
• Excavating an Aboriginal site that will be destroyed by
development so that material is not lost.
• Relocating or storing cultural material to ensure its protection.
Note that the removal of material to a keeping place may be a
permanent measure or an interim measure while decisions are
made about repatriation.

Aboriginal area fenced to prevent access

INTERPRETATION Source: Linda Baulch

Actions that may help change people’s behaviour.

EXAMPLES OF INTERPRETATION
• Interpreting the significance of a Dreaming place to ensure
culturally appropriate behaviour of visitors.
• Recording oral history about a mission and the people who
lived there.

Ask First – A guide to respecting Indigenous heritage places and values

17
 References and Resources

This guide should be used in conjunction with any protocols for

consultation that Indigenous communities have developed for their
area. Community protocols should be followed as closely as possible.
Other resources that were consulted during the development of these
guidelines or which may be of assistance include:

Aboriginal Affairs Department (Western Australia) nd. Aboriginal Heritage

and Development in Western Australia: Advice for Developers. Perth.

Aboriginal Areas Protection Authority 1995, Heritage Protection Laws in

the Northern Territory. Darwin.

Australian Heritage Commission 2002, Australian Natural Heritage

Charter for the conservation of places of natural heritage significance.
Second Edition. Canberra

Australian Heritage Commission 1997, Policy in Relation to Aboriginal

and Torres Strait Islander Heritage Peoples and the National Estate.
Canberra.

Australian Heritage Commission 1998a, National Heritage Convention:

Key Outcomes. Canberra.

Australian Heritage Commission 1999, Protecting Heritage Places

Information and Resource Kit: 10 steps to help protect the natural and
cultural significance of places. Canberra.
www.heritage.gov.au/protecting.html

Australian Heritage Commission In press, Protecting Natural Heritage –

using the Australian Natural Heritage Charter. Canberra.
http://www.ea.gov.au/heritage/law/index.html

Australia ICOMOS 1999, The Burra Charter: The Australia ICOMOS

Charter for Places of Cultural Heritage Significance 1999. Burwood.

Australian Institute for Aboriginal and Torres Strait Islander Studies

2000, Guidelines for Ethical Research in Indigenous Studies. Canberra.

Bama Wambu and Wet Tropics Authority 1998, Working Together.

Queensland.

Central and Northern Land Councils 1995, Our Land, Our Life:
Aboriginal Land Rights in Australia’s Northern Territory. Darwin and
Alice Springs.

Department of Communication and the Arts 1997, Draft Guidelines for

the Protection, Management and Use of Aboriginal and Torres Strait
Islander Cultural Heritage Places. Canberra.

Department of Environment Heritage and Aboriginal Affairs 1998,

Suggested standard brief for Aboriginal Cultural Heritage Surveys in
South Australia. Adelaide

18
Evatt, E. 1996, Review of the Aboriginal and Torres Strait islander
Heritage Protection Act 1984. Canberra.

Howitt, R. 1998, ‘Recognition, respect and reconciliation: steps towards

decolonisation’. Australian Aboriginal Studies, 1:28-43

Jacobson, A. Giru Dala Council of Elders and Lamb, L. 1999,

‘Wunggomalli Model©: a consultative model and database for cultural
heritage in the Great Barrier Reef Marine Park’. Australian Aboriginal
Studies, 1:51-58.

Janke, T. 1998, Our culture our future: report on Australian Indigenous

cultural and intellectual property rights, Surry Hills.

Jonas, B, Langton, M. and AIATSIS staff 1994, The Little Red, Yellow and
Black (and green and blue and white) Book: A short guide to
Indigenous Australia. Canberra.

Kimberley Land Council. nd. MoU and model agreement for use with
mineral exploration companies. Unpublished.

Marquis-Kyle, P. and Walker, M. 1994. The Illustrated Burra Charter.

Canberra.

NSW National Parks and Wildlife Service. 1997. Aboriginal Cultural

Heritage: Standards and Guidelines Kit. Sydney.

Rose, D. 1996, Nourishing Terrains: Australian Aboriginal views of

landscape and wilderness. Canberra.

Torres Strait Regional Authority. nd. Protocols for Research in Torres

Strait. Thursday Island.

Ask First – A guide to respecting Indigenous heritage places and values

19
 Commonwealth, State and Territory
Heritage Agencies Contacts:
C O M M O N W E A LT H NORTHERN TERRITORY
Department of Environment and Heritage Aboriginal Areas Protection Authority
Phone: (02) 6274 2111 Phone: (08) 8981 4700
www.ea.gov.au www.nt.gov.au/aapa/
Aboriginal and Torres Strait Islander Heritage Northern Territory Aboriginal Sacred Sites Act 1989
Protection Act 1984
Department of Infrastructure Planning
Environment Protection and Biodiversity
and the Environment
Conservation Act 1999
Phone: (08) 8924 4143
www.lpe.nt.gov.au
Australian Heritage Commission
Phone (02) 6274 2111 Heritage Conservation Act 1996
www.ahc.gov.au
Australian Heritage Commission Act 1975
QUEENSLAND
A U S T R A L I A N C A P I TA L Environment Protection Agency
Phone: (07) 3227 7111
TERRITORY www.epa.qld.gov.au

Environment ACT Cultural Record (Landscape Queensland and

Phone: (02) 6207 9777 Queensland Estate) Act 1987
www.environment.act.gov.au Queensland Heritage Act 1992
Land (Planning and Environment) Act 1991

SOUTH AUSTRALIA
NEW SOUTH WALES
Department of State Aboriginal Affairs
National Parks and Wildlife Service Phone (08) 8226 8900
Phone (02) 9253 4600 www.dosaa.sa.gov.au
www.npws.nsw.gov.au Aboriginal Heritage Act 1988
National Parks and Wildlife Act 1974
Department for Environment and Heritage
NSW Heritage Office Phone: (08) 8204 1910
Phone (02) 96356155 www.environment.sa.gov.au
www.heritage.nsw.gov.au Heritage Act 1993
NSW Heritage Act 1977

20
TA S M A N I A OTHER
Department of Primary Industry, Water and O R G A N I S AT I O N S
the Environment
Australian Institute of Aboriginal and Torres
Phone (03) 6233 8011
Strait Islander Studies (AIATSIS)
www.dpiwe.tas.gov.au
Phone: (02) 6246 1111
Aboriginal Relics Act 1975 www.aiatsis.gov.au
Historic Cultural Heritage Act 1995
Aboriginal and Torres Strait Islander
Commission (ATSIC)
Phone: (02) 6121 4000
VICTORIA www.atsic.gov.au

Aboriginal Affairs Victoria National Native Title Tribunal

Phone (03) 9637 8000 Phone: 1800 640 501
www.nre.vic.gov.au www.nntt.gov.au

Archaeological and Aboriginal Relics Native Title Representative Bodies

Preservation Act 1972 www.ntrb.net
Aboriginal and Torres Strait Islander Heritage
Protection Act 1984 (Part IIA)

Heritage Victoria
Phone: (03) 9655 6519
www.heritage.vic.gov.au
Heritage Act 1995

WESTERN AUSTRALIA
Department of Indigenous Affairs
Phone: (08) 9235 8000
www.aad.wa.gov.au
Aboriginal Heritage Act 1972

Heritage Council of Western Australia

Phone: 1800 644 177
www.heritage.wa.gov.au
Heritage of Western Australia Act 1990

Ask First – A guide to respecting Indigenous heritage places and values

21
 For your notes

22
 IDENTIFYING INDIGENOUS
H E R I TA G E P L A C E S A N D
The views expressed in this guide are not necessarily those of the Commonwealth of
Australia. The Commonwealth does not accept responsibility for any advice or information VA L U E S
in relation to this material.
© Australian Heritage Commission 2002
Reprinted 2002 Undertake background research.
Information presented in this guide may be reproduced in whole or in part for study or
training purposes subject to the inclusion of acknowledgement of source and provided no
commercial usage or sale of material occurs. Reproduction for purposes other than this Ensure that the relevant Indigenous people
requires the written permission of the Australian Heritage Commission. Requests for are actively involved and identify their
permission should be addressed to the Executive Director, Australian Heritage Commission, heritage places and values
GPO Box 787, Canberra ACT 2601.
The text was written by staff of the Indigenous Heritage Section of the Australian Heritage
Commission in consultation with Commissioner Dr Gaye Sculthorpe, James Atkinson, CONTINUE ONCE INDIGENOUS PEOPLE AGREE
Greg Brown, Rodney Gibbins, Michelle House, Dr Bill Jonas, Dr Marcia Langton,
THE PROJECT DOESN’T HAVE AN UNACCEPTABLE
Greg Lehman, Tony McAvoy, Victor McGrath, Kado Muir, Donna Robb, Graeme Smith,
Wayne Wharton and Michael Williams. IMPACT ON HERITAGE; OTHERWISE CONSIDER

Designed and typeset by: Di Walker Design, Canberra. 720 NOT PROCEEDING OR REVISING THE PROPOSAL.

Printed by: National Capital Printing, Canberra. WHEN A PROJECT OR ACTIVITY IS REVISED

Questions, comments and case studies should be emailed to [email protected] RETURN TO STAGE 3.

Recommended as best practice for preparing a PER or EIS under the Environment
Protection and Biodiversity Conservation Act when Indigenous consultation is required.

ACKNOWLEDGEMENTS
The Australian Heritage Commission would like to acknowledge the assistance of
Mr Dave Johnston of Australian Archaeological Survey Consultants for undertaking the
public consultation process for this document. The Australian Institute of Aboriginal and
Torres Strait Islander Studies and the Department of Communication and Arts (now
The Department of Communication, Information Technology and the Arts) generously
provided the funding for publication.
MANAGING INDIGENOUS
National Library of Australia cataloguing-in-publication data:
Ask First: A guide to respecting Indigenous heritage places and values
H E R I TA G E P L A C E S
Bibliography.
ISBN 0 642 54842 0 Identify any special management requirements

INDIGENOUS HERITAGE MANAGEMENT

PLEASE TEAR OFF FOR YOUR BOOKMARK CHECKLIST OF
1. Heritage. 2. Aboriginal studies. 3. Environmental studies. 4. Anthropology – cultural studies with relevant indigenous people

COVER Meet with all stakeholders to identify

Lin Onus, Barmah Forest
Winner 1994 National Indigenous Heritage Art Award constraints on managing identified heritage
© Lin Onus, 1994/Licensed by VISCOPY, Sydney 2002 places and values
This Award was initiated by the Australian Heritage Commission to increase public awareness and appreciation of Indigenous
heritage places.
‘The more I thought about Barmah Forest I was increasingly drawn to thoughts of things missing or not quite right. To this CONTINUE ONCE INDIGENOUS PEOPLE AGREE
end it occurred to me that the placing of jigsaw pieces that do obviously not quite fit might provide a metaphor that indicates
TO THE MANAGEMENT ARRANGEMENTS;
my thoughts. In addition to my well-known concerns about eradication of Magpie Geese in the Murray system, I also think
about the times I have seen Long-necked tortoises drowning in the intake ducts of the irrigation system. The diminishing OTHERWISE CONSIDER NOT PROCEEDING OR
number of native fish are also a real worry.
REVISING THE PROPOSAL. WHEN A PROJECT
To me the most obvious think lacking these days is the absence of regular flooding. It seems that substantial floods in this
region only now seem to occur once every third or fourth year. Previously the forest would flood deeply at least once and OR ACTIVITY IS REVISED RETURN TO STAGE 3.
sometimes twice a year.
Despite all the negative feelings I have mentioned it still remains in my heart as one of the most beautiful places in Australia
and is also special because of its proximity to Cummeragunja, my father’s birthplace. Implement and review outcomes with relevant
Indigenous people and other stakeholders