The LRT’s
jurisdiction
The LRT has exclusive jurisdiction to grant injunctions to
restrain certain activities relevant to the cultural heritage of Aboriginal
people or Torres Strait Islanders.
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| What
activities can be restrained by injunction? |
The LRT can grant an
injunction to restrain activities that contravene:
- Sections 24(1), 25(1) or 26(1) of either the Aboriginal
Cultural Heritage Act 2003 or the Torres Strait Islander
Cultural Heritage Act 2003 (the Cultural Heritage Acts);
or
- A provision of any other Act providing for the protection of
Aboriginal or Torres Strait Islander cultural heritage.
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| What activities contravene
the Cultural Heritage Acts? |
Cultural heritage is
anything that is a significant Aboriginal/Torres Strait Islander
area in Queensland; a significant Aboriginal/Torres Strait Islander
object; or evidence, of archaeological or historic significance,
of Aboriginal/Torres Strait Islander occupation of an area of Queensland
(Cultural Heritage Acts, section 8).
Sections 24, 25, and 26 of the Cultural Heritage Acts prohibit
a person from harming; excavating, relocating, or taking away; or
possessing any Aboriginal or Torres Strait Islander cultural heritage
if the person knows or ought reasonably to know that it is cultural
heritage. However, a person does not offend these provisions if,
amongst other things, the person owns the cultural heritage1,
is acting in an emergency situation or is acting –
- under the authority of a provision of the Cultural Heritage
Acts;
- under an approved cultural heritage management plan;
- under a native title agreement;
- in compliance with cultural heritage duty of care guidelines.
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Who can apply for
an injunction?
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An Aboriginal or Torres
Strait Islander group, or member of such a group, has standing to
seek an injunction against the doing of an act in relation to cultural
heritage if the group has a traditional, historic or custodial interest
in the cultural heritage to which the act relates.
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| When can the LRT
grant an injunction? |
The LRT can only grant
an injunction if it is satisfied that:
- the respondent to the application for the injunction is doing
the act or there are reasonable grounds for concluding that person
is likely to do the act;
- the act is one of the activities set out above;
- the applicant for the injunction has standing as set out above;
- it is necessary to grant the injunction to stop the respondent
from doing the act.
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What is the LRT’s
procedure for hearing cultural heritage injunctions?
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The LRT has adopted procedures
to ensure that applications can be dealt with urgently should that
be necessary. Click here for information
for unrepresented parties about
the LRT’s procedures.
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- Note that section 15
of each Act provides that ownership over Aboriginal and Torres
Strait Islander human remains vests in Aboriginal or Torres Strait
Islander people with a "traditional or familial" link
with those remains.
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