Notes

1 This is a compilation of the Aboriginal Heritage Act 1972 and includes the amendments made by the other written laws referred to in the following table 1a.

Compilation table
Short titleNumber and yearAssentCommencementMiscellaneous
Aboriginal Heritage Act 197253 of 19722 Oct 197215 Dec 1972 (see s. 2 and Gazette 15 Dec 1972 p. 4681)
Aboriginal Heritage Amendment Act (No. 2) 19808 of 198023 Sep 198023 Sep 1980
Acts Amendment (Financial Administration and Audit) Act 1985 s. 398 of 1985
(as amended by No. 4
of 1986, section 3)
4 Dec 19851 Jul 1986 (see s. 2 and Gazette 30 Jun 1986 p. 2255)S. 4: savings and transitional
Acts Amendment (Land Administration) Act 1987 Pt. XIV126 of 198731 Dec 198716 Sep 1988 (see s. 2 and Gazette 16 Sep 1988 p. 3637)
Guardianship and Administration Act 1990 s. 12324 of 19907 Sep 199020 Oct 1992 (see s. 2 and Gazette 2 Oct 1992 p. 4811)
Acts Amendment (Public Sector Management) Act 1994 s. 3(1)32 of 199429 Jun 19941 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948)
Aboriginal Heritage Amendment Act 199524 of 199530 Jun 19951 Jul 1995 (see s. 2 and Gazette 30 Jun 1995 p. 2781)S. 19(2), (3) and (4): validation and savings2;
s. 51(2) and (3): transitional3
Sentencing (Consequential Provisions) Act 1995 Pt. 3 and s. 14778 of 199516 Jan 19964 Nov 1996 (see s. 2 and Gazette 25 Oct 1996 p. 5632)
Acts Amendment (Land Administration) Act 1997 Pt. 3 and s. 14131 of 19973 Oct 199730 Mar 1998 (see s. 2 and Gazette 27 Mar 1998 p. 1765)
Gas Corporation (Business Disposal) Act 1999 s. 3958 of 199924 Dec 199924 Dec 1999 (see s. 2(1))
Sentencing Legislation Amendment and Repeal Act 2003 s. 3550 of 20039 Jul 200315 May 2004 (see s. 2 and Gazette 14 May 2004 p. 1445)
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 2 Div. 1 555 of 200424 Nov 20041 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7130)
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 80 and 8284 of 200416 Dec 20042 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005 p. 53))
1a On the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table.

Provisions that have not come into operation
Short titleNumber and YearAssentCommencement
Courts Legislation Amendment and Repeal Act 2004 s. 142 459 of 200423 Nov 2004To be proclaimed (see s. 2)

N.B. The Aboriginal Heritage Act 1972 is affected by the Aboriginal Heritage (Marandoo) Act 1992 (No. 2 of 1992), section 3.

The Aboriginal Heritage Act 1972 is affected by the Dampier to Bunbury Pipeline Act 1997 (No. 53 of 1997), Division 2 of Schedule 4 which reads as follows

}

        8. Persons who are to be included as owners

        A person who

            (a) is the holder of rights conferred under section 34 of this Act in respect of land or is the holder's nominee approved under section 34(3) of this Act; or
            (b) has authority under section 7 of the Petroleum Pipelines Act 1969 to enter upon land,
        is included as a person who is an owner of the land for the purposes of section 18 of the Aboriginal Heritage Act 1972.
~.
    2 Section 19(2), (3) and (4) of the Aboriginal Heritage Amendment Act 1995 (No. 24 of 1995) reads as follows

    }

        (2) Subject to subsection (3), the performance or purported performance and exercise or purported exercise, during the period beginning on the commencement of the principal Act and ending on the day before the day that this Act comes into operation, by the Committee of the duties imposed and powers conferred by section 18 of the principal Act on the Trustees shall be deemed to have been lawful and valid.

        (3) Subsection (2) does not apply to or in relation to legal proceedings instituted before 1 July 1990 in respect to the performance or purported performance of duties, or the exercise or purported exercise of powers, referred to in that subsection.

        (4) In this section, }Trustees~ has the meaning given to it by the principal Act before its amendment by this Act.

~.
    3 Section 51(2) and (3) of the Aboriginal Heritage Amendment Act 1995 (No. 24 of 1995) reads as follows

    }

        (2) After the commencement of the Aboriginal Heritage Amendment Act 1995, moneys standing to the credit of the Aboriginal Material Preservation Fund shall be transferred to an account forming part of the Trust Fund referred to in section 9 of the Financial Administration and Audit Act 1985 established by the Treasurer and to be administered by the Department for the purposes of the protection of Aboriginal heritage.

        (3) On the commencement of the Aboriginal Heritage Amendment Act 1995 the Trustees (as the accountable authority within the meaning in the Financial Administration and Audit Act 1985) are to report in respect of the Aboriginal Material Preservation Fund, as opened and kept under Part VIII of the principal Act prior to its amendment by this Act, as required by section 66 of that Act, for the period from the preceding 1 July to the time of the commencement, and Division 14 of Part II of the Financial Administration and Audit Act 1985 applies as if that period were a full financial year.

~
    4 On the date as at which this compilation was prepared, the Courts Legislation Amendment and Repeal Act 2004 s. 142, which gives effect to Sch. 2, had not come into operation. It reads as follows:

    }

        142. Other amendments to various Acts

        Each Act listed in Schedule 2 is amended as set out in that Schedule immediately below the short title of the Act.

~.
    Schedule 2 cl. 1 reads as follows:

    }

    Schedule 2 Other amendments to Acts
        1. Aboriginal Heritage Act 1972
        s. 43(3)Delete }Local Court at Perth~ and insert instead
        } Magistrates Court ~.
        s. 43(4)Delete }Local Court~ in the 2 places where it occurs and in each place insert instead
        } Magistrates Court ~.
        s. 43(5)Delete }Local Court~ in the 2 places where it occurs and in each place insert instead
        } Magistrates Court ~.
        s. 43(6)Delete }Local Court~ in the 3 places where it occurs and in each place insert instead
        } Magistrates Court ~.
        s. 44Delete }Local Court~ and insert instead
        } Magistrates Court ~.
        s. 46(3)Delete }Local Court held nearest to the place where the object is then located, or, at his option, to the Local Court at Perth,~ and insert instead
        } Magistrates Court ~.
        s. 46(4)Delete }Local Court~ and insert instead
        } Magistrates Court ~.
        s. 47(2)Delete }Local Court~ and insert instead
        } Magistrates Court ~.

~.
    5 The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administration Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal Regulations 2004 r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act.




Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.