Department of Environment and Energy Australian Heritage Council

Nominating places to the National Heritage List

A Guide for Indigenous communities

Front and back cover photo credits

The Brewarrina Aboriginal Fish Traps (Baiame’s Ngunnhu), NSW

Vincent Lingiari OAM with the Prime Minister Gough Whitlam, NT - National Archives of Australia The Dampier Archipelago (including Burrup Peninsula), WA - Melinda Brouwer

Willandra Lakes Region, NSW - John Houldsworth Wilgie Mia Aboriginal Ochre Mine, WA - Yamatji Marlpa Aboriginal Corporation Hermannsburg Historic Precinct, NT - Annie Crawford

The Cyprus Hellene Club–Australian Hall, NSW - State Library of NSW

This work is protected by copyright law. Apart from any use permitted by the Copyright Act 1968 (including research or study) no part may be produced by any process, reused or redistributed for any commercial purpose or distributed to a third party for such purpose, without prior written permission from the Department of the Environment and Energy. All data included in this document are presumed to be correct as received from data providers. No responsibility is taken by the Commonwealth for errors or omissions, and the Commonwealth does not accept responsibility in respect to any information or advice given in relation to, or as a consequence of anything contained therein.

© Commonwealth of Australia first published 2012 - updated 2018.

The Australian Heritage Council acknowledges the traditional owners and custodians of all of Australia’s

national heritage places and their continuing connection to land, sea and community. We pay our respect to them and

their culture, and to their elders both past and present.

Nominating places to the National Heritage List

A Guide for Indigenous communities

What Is The National Heritage List?

What Is The National Heritage List?

Map of National Heritage Listed Places for Indigenous values 2

Introduction 3

What is heritage? 4

What is the National Heritage List? 5

What is Indigenous heritage? 6

Important information about nominating a place for the National Heritage List 7

Understanding nomination language 8

Nominating a place for the National Heritage List 13

What happens after you have nominated a place? 15

A place on the National Heritage List 17

National Heritage Criteria section 18

Alternative methods of recognition and protection section 30

Heritage contacts section 32

Table of contents

Map of National Heritage listed places for Indigenous values

This Guide for Indigenous communities is a snapshot of the National Heritage List and provides important information about the nomination process to include a place on the National Heritage List.

The Guide aims to help communities understand

some of the language used in a nomination for the

National Heritage List. It is important everyone

understands this language.

It also provides information about other options

available to protect a heritage place and have it

recognised if national heritage listing isn’t the best

option for your place.

If you would like more information about the National

Heritage List nomination process or additional copies

of this Guide feel free to contact the Australian

Government Department of the Environment and

Energy.

Phone number: 1800 803 772

Email: heritage@environment.gov.au

Mail: Heritage Branch

Department of Environment and Energy

GPO Box 787, Canberra ACT 2601

On 20 July 2004, the Gunditjmara traditional owners celebrated Australia’s first place on the National Heritage List – the Budj Bim National Heritage Landscape – Mt Eccles Lake Condah Area in far south west Victoria (Photo: Gunditj Mirring Traditional Owners Aboriginal Corporation)

3

Introduction

Heritage includes the places, traditions, events and experiences that we treasure and want to pass on to future generations.

Heritage is important to the Australian community

because it tells the stories of our past, of our nation’s

development, our spirit and our unique living

landscapes.

By identifying our heritage we can protect, manage

and conserve our culture, ensuring that our nation’s

heritage will continue to be enjoyed by future

generations.

There are a number of ways the heritage of a place

can be protected and recognised. In Australia there

are five main types of heritage lists – World, National,

Commonwealth, state/territory and local.

The Australian Government maintains the World,

National and Commonwealth Heritage Lists.

Most of Australia’s state and territory governments

maintain lists or registers of recorded Indigenous

heritage places that are protected under state and

territory laws. Heritage places that may have

Indigenous values can also be listed on non-

Indigenous local and state heritage registers. See

the Alternative Methods of Recognition and

Protection section for more information on other

ways to recognise and protect your place.

It may be useful to talk with Australian, state/territory

or local government agencies. These agencies have

heritage officers who can give you advice.

See the Heritage Contacts section at the back of this

Guide.

4

What is Heritage?

The National Heritage List is made up of the places and stories that are recognised to have outstanding heritage value to the nation – these places are important to all Australians, today and into the future.

To be included on the National Heritage List a place

must be one of the best examples of its type when

compared to other similar places in Australia.

Places can be listed for their Indigenous, natural or

historic heritage values, or a combination of these

three types of values. The threshold of outstanding

heritage value to the nation for a place to be added

to the National Heritage List is very high.

It is the heritage values of a place on the National

Heritage List that are protected under Australia’s

national environmental law – the Environment

Protection and Biodiversity Act 1999 (EPBC Act). Any

action that is likely to have a significant impact on the

heritage values of a place requires the approval of the

Australian Government Minister for the Environment.

The boundaries of a nominated place are determined

once the heritage values are known.

As of December 2018, there are 116 places from

around Australia on the National Heritage List.

5

What is the National Heritage List?

Aboriginal and Torres Strait Islander culture is an important part of Australia’s history and heritage.

Indigenous heritage places demonstrate the

continuous links between Indigenous people and their

country. Indigenous heritage exists throughout the

lands and waters of Australia and all aspects of

country are important to Indigenous people as part of

their cultural heritage.

Witjira–Dalhousie Springs was included on the National Heritage List on 4 August 2009 for outstanding heritage value for being an integral part of Aboriginal tradition and life in northern South Australia. There is evidence of large camp sites found at the springs, some thousands of square metres in size and vast numbers of stone artefacts. It is the beginning of an exceptionally large number of traditional song lines and story lines in the Witjira National Park. (Photo: Yvonne Webster)

Indigenous heritage places can commemorate

important events such as the Day of Mourning Protest

that took place in the Cyprus Hellene Club –

Australian Hall in Sydney on Australia Day in 1938, or

the Myall Creek Massacre and Memorial Site near

Bingara in northern New South Wales.

The Cyprus Hellene Club–Australian Hall in NSW was included on the National Heritage List on 20 May 2008 because it was the place where the first national Indigenous protest action was held on the Day of Mourning, Australia Day 1938. (Photo: State Library of New South Wales)

Archaeology can also be a significant part of our

heritage as it provides evidence of how Indigenous

people survived and adapted to changing climates

and landscapes, the tools and technologies they

invented, and how people interacted with each other.

6

What is Indigenous heritage?

This section provides important information and explains the nomination process for national heritage listing.

Everyone should know this information before

deciding to nominate a place to the National Heritage

List.

Nominations to the National Heritage List and the

assessment of a nomination is a complex legal

process that involves many steps and takes time – it

can take a number of years.

Anyone can nominate a place to the National

Heritage List. It is important that community elders,

other traditional owners, native title holders and

community members support and agree that the

National Heritage List is the most suitable type of

protection for your place.

Once a nomination is made, the nomination will be

assessed by the Australian Heritage Council, the

Australian Government’s advisers on national

heritage matters.

If a nomination is assessed by the Australian Heritage

Council, by law they must inform the public and ask for

comments from landowners, occupiers and

Indigenous people with rights or interests in the

nominated place.

The Brewarrina Aboriginal Fish Traps (Baiame’s Ngunnhu) in NSW was included on the National Heritage List on 3 June 2005 because the place provides evidence of a sophisticated understanding by Aboriginal people of engineering, physics, the land and its natural resources.

7

Important information about nominating a place for

the National Heritage List

The nomination form includes technical language, terms such as values, thresholds, criteria, comparative analysis, condition and authenticity that you need to understand.

These terms are important, as this is how you are

asked to describe your nominated place, to show

how your place has outstanding heritage value to the

nation.

Values Values are the qualities of a place that make it

special; they are the unique characteristics that show

why a place is important to all Australians.

Places can be listed for their Indigenous, natural or

historic heritage values, or a combination of these.

Thresholds A threshold is the level of importance a heritage value

must reach to be included on the National Heritage

List.

The threshold for the National Heritage List is that

places and their stories must have outstanding heritage value to the nation. The values must be so

special that they are considered to be important to

everyone in Australia.

This threshold is very high and fewer places are

included on the National Heritage List than those

places on state/territory or local heritage lists or

registers.

The Brewarrina Aboriginal Fish Traps (Baiame’s Ngunnhu) in NSW is nearly half a kilometre long and consists of a series of dry-stone weirs and ponds arranged in the form of a net across the Barwon River. The size, design and complexity of the Ngunnhu is exceptionally rare in Australia. (Photo: Michael Lindquist)

Condition Condition (also known as integrity) means how well a

place has been cared for and what state of repair it is

currently in.

The condition of a place can be an important

consideration for the Australian Heritage Council

when they assess the heritage significance of a

nominated place.

8

Understanding nomination language

The ability of the nominated place to show

outstanding heritage value to the nation sometimes

depends on its condition. If a place has not been

cared for over a long period of time some of its

heritage values may have disappeared or may be in

danger of disappearing.

Authenticity

Authenticity means that a heritage place is the real

thing and hasn’t been re–created. This can be an

important consideration for some types of values,

such as where an important event took place, or is

one of the last of its kind, or is important to the

scientific community, or is one of the best examples of

a type of place or building.

Authenticity of a heritage value can be demonstrated

through historical documents, scientific research and

archaeological material.

It can also be shown through stories that have been

handed down through the generations.

If community has been looking after, or have known

about a place for many generations, then the

authenticity of a place is obvious and undisputed.

The Myall Creek Massacre and Memorial site in NSW was included on the National Heritage List on 7 June 2008 because the massacre is the last time a colonial administration intervened to ensure the laws of the colony were applied equally to Aboriginal people and settlers involved in frontier killings. (Photo: Mark Mohell)

9

Criteria

Criteria are a set of standards or categories used to

describe why a place is of outstanding heritage value

to the nation.

The criteria help to explain the reasons why the

community think a place should be included on the

National Heritage List. In writing your nomination you

will need to explain why the place meets one or more

of the criteria.

A nominated place only needs to meet one of the

criteria for it to be considered special and important

enough to be on the National Heritage List. It is better

to make a strong case against one of the criteria than

a weaker case against many.

The nine criteria for a nomination are:

a. The place has outstanding heritage value to the nation because of the place’s importance in the

course, or pattern, of Australia’s natural or cultural

history.

This means that a place has played an important

part in developing who we are as a nation.

b. The place has outstanding heritage value to the

nation because of the place’s possession of

uncommon, rare or endangered aspects of

Australia’s natural or cultural history.

This means that a place is unusual or one of the

last of its type.

c. The place has outstanding heritage value to the nation because of the place’s potential to yield

information that will contribute to an understanding

of Australia’s natural or cultural history.

This means that a place has the potential to

provide important information to better

understand Australia’s history or culture.

d. The place has outstanding heritage value to the

nation because of the place’s importance in

demonstrating the principal characteristics of:

i. a class of Australia’s natural or cultural

places; or

ii. a class of Australia’s natural or cultural

environments.

This means that a place is one of the best

examples of a type of either a natural or

cultural place or environment.

e. The place has outstanding heritage value to the

nation because of the place’s importance in

exhibiting particular aesthetic characteristics

valued by a community or cultural group.

This means that a place is important because a

community thinks it is beautiful.

f. The place has outstanding heritage value to the

nation because of the place’s importance in

demonstrating a high degree of creative or

technical achievement at a particular period.

This means that a place shows that people have

created an important and successful new idea or

technology.

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g. The place has outstanding heritage value to the nation because of the place’s strong or special

association with a particular community or cultural

group for social, cultural or spiritual reasons.

This means that a place is important to a

community or cultural group for social, cultural or

spiritual reasons.

h. The place has outstanding heritage value to the nation because of the place’s special association

with the life or works of a person, or group of

persons, of importance in Australia’s natural or

cultural history.

This means that a place is associated with

someone who was or is very important in the

development of Australia’s history.

i. The place has outstanding heritage value to the nation because of the place’s importance as part

of Indigenous tradition.

The criterion ‘importance as part of Indigenous

tradition’ can only be used for places which are

important as part of Aboriginal and Torres Strait

Islander tradition.

A detailed explanation of the criteria is included in

this Guide.

Comparative Analysis In a nomination it is important to understand and explain why the place you want to nominate for the National Heritage List is important to the nation when compared to similar places. This is called comparative analysis and is central to a successful National Heritage List nomination.

The Hermannsburg Historic Precinct in the Northern Territory was included on the National Heritage List on 13 April 2006. Hermannsburg was established in 1877 as a religious mission for Aboriginal people. It is the last surviving mission developed by the Hermannsburg Missionary Society. It also reflected the changing policies towards Aboriginal people. Hermannsburg was the home of acclaimed Aboriginal artist, Albert Namatjira. (Photo: Annie Crawford)

To decide if a place meets the high threshold of

outstanding heritage value to the nation, it must be

compared with other similar places around

Australia to see if the place is truly “outstanding”.

You need to show why your nominated place is

one of the most important, unique or unusual

places of its type.

A nomination is more likely to go to the next step of

assessment if it contains a detailed and realistic

comparative analysis. The claims in a nomination,

particularly the comparative analysis, must be

based on evidence. It is not sufficient to simply

state that your nominated place is special.

Comparative analysis can be difficult for some types of

Indigenous places. For example a place that has been

nominated for its association with Indigenous tradition

will need to be compared with places that represent

similar traditions around Australia.

11

The Dampier Archipelago (including Burrup Peninsula) in Western Australia was included on the National Heritage List on 3 July 2007 because the place comprises one of the largest concentrations of rock engravings, standing stones and other stone arrangements in Australia. While other similar features exist in places throughout Australia, when viewed collectively, the Dampier Archipelago (including Burrup Peninsula) emerges as the most extensive collection of engravings. (Photo: Melinda Brouwer)

A nomination must show how your nominated place

compares with similar places and explain why your

place might represent a part of Australia’s story better

than the place you are comparing it with.

When comparing similar places the following

questions should be considered:

• How many other places like this are there in Australia?

• Is the place one of the best examples in Australia?

• Does the place provide new information that cannot be found at other similar places?

• What makes it different from other places?

Places for comparison can be found on national,

state/territory and local government heritage lists or

registers, the Australian Heritage Database and in

heritage reports such as heritage assessments and

cultural heritage surveys. See Heritage Contacts

section at the back of this Guide.

If you think your nominated place doesn’t stand out

compared to similar places across Australia, you

might decide that the National Heritage List is not the

best way to recognise or protect your place.

This does not mean the place is not significant or

important. Remember the threshold is very high for the

National Heritage List. The values must be so special

that they are considered to be important to everyone in

Australia.

There are other ways you can protect your place.

Most of Australia’s states and territories maintain

lists or registers of recorded Indigenous heritage

places that are special at the local or regional level

and are protected under state and territory laws.

Heritage places that may have Indigenous values

might also be listed on non-Indigenous state and

local heritage registers. For more information see

the Alternative Methods of Recognition and

Protection section.

Nominating a place for the National Heritage List

So you’ve decided that you want to nominate your place to the National Heritage List. What do you do now?

You should always talk to people, including elders in

the community, about the place you want to nominate

as it is important that the community supports

nominating a place to the National Heritage List.

It is important to talk with all Indigenous people with

rights and interests in the place you want to

nominate, to consider their views and concerns,

before you start writing your nomination.

Anyone can nominate a place to the National Heritage

List, but it is important that community elders, other

traditional owners and community members support

and agree national heritage listing is the most suitable

type of protection or recognition of your place.

Seeking the views of non–Indigenous owners and

occupiers before beginning a nomination is

advised. Sometimes, for various reasons,

not everyone will agree on a National Heritage List

nomination, but it is advisable that a nomination has

wider community support.

If the community have agreed and support writing a

nomination for a place to be included on the National

Heritage List you will need to obtain a nomination kit.

You can download a nomination kit from this

website:

http://www.environment.gov.au/heritage/places/nomi

nating-heritage-place, or call 1800 803 772 for more

information.

The Australian Government’s Min is te r fo r the

Environment calls for and considers nominations

once a year.

The Minister for the Environment decides

which nominations the Australian Heritage

Council will assess based on the information in a

nomination.

Remember:

• A nomination and its assessment are legal

processes that can be complex, involve many

steps and take time – it could take a number of

years.

• You need to show how your place meets the

threshold of outstanding heritage value to the

nation. Use the criteria to provide a detailed

explanation about why you think your place

should be included on the National Heritage List.

• A nominated place only needs to meet the high

threshold of outstanding heritage value to the

nation against one of the criteria for it to be

considered special and important enough to be on

the National Heritage List. It is better to make a

strong case against one criteria than a weaker

case against many.

• The nomination needs to include a detailed

comparative analysis against similar places

elsewhere in Australia. It is not sufficient to simply

state that your nominated place is special.

• You must also include information on the history

and condition of your nominated place.

• Attach any letters of support from community

for your nomination.

It is important that you provide all the information

the community is willing to share for the Australian

Government Minister for the Environment and the

Australian Heritage Council to consider in their more

detailed assessment of your nomination.

14

After a nomination is received, the Australian Government Minister for the Environment decides which nominations will be assessed by the Australian Heritage Council.

The Australian Heritage Council may take a number

of years to research and assess a nomination.

In assessing a nomination, the Australian Heritage

Council:

• Will test the nomination to see if the

nominated place may have Indigenous,

natural or historic heritage values (or a

combination of these) of outstanding heritage

value to the nation.

• May want to talk with the community to collect

further information.

• By law, must inform the public about the

assessment and ask for comments from

landowners, occupiers and Indigenous people with

rights or interests in the nominated place, during

the assessment process.

The Willandra Lakes Region in far south western NSW was included on the National Heritage List on 21 May 2007 because it is an extensive area that contains a system of ancient lakes formed over the last two million years. Aboriginal people lived on the shores of the lakes for at least 50,000 years, and the remains of a 40,000 year old female found in the dunes of Lake Mungo are believed to be the oldest ritual cremation site in the world. (Photo: John Houldsworth)

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What happens after you havenominated a Place?

Once the Australian Heritage Council completes its

assessment, they advise the Minister for the

Environment whether the nominated place reaches

the threshold of outstanding heritage value to the

nation against one or more of the national heritage

criteria.

The Australian Government’s Minister for the

Environment makes the final decision for a place to be

included on the National Heritage List.

Before making the final listing decision, the Minister

for the Environment must consider all comments

received, including comments from the Australian

Heritage Council, landowners, occupiers and

Indigenous people with rights or interests. The

Minister for the Environment may take into account

the social or economic impact of including a place on

the National Heritage List.

Unsuccessful nominations If a nomination is unsuccessful and will not be

assessed by the Australian Heritage Council within

two years of its submission, the nomination will lapse.

You will then be informed if your nomination has been

unsuccessful.

You could consider submitting a new nomination with

more information or look into other options for your

place to be recognised and protected through local,

state or territory laws. See the Alternative Methods of

Recognition and Protection section at the back of this

Guide.

If the Minister for the Environment decides to include your nominated place on the National Heritage List, you will be notified.

The heritage values of a place on the National

Heritage List that are protected under Australia’s

national environmental law – the Environment

Protection and Biodiversity Act 1999 (EPBC Act). Any

action that is likely to have a significant impact on the

national heritage values of a place requires the

approval of the Australian Government Minister for the

Environment.

.

A place on the National Heritage List brings

responsibilities to the community, which may include:

• Assisting to develop plans to manage the

heritage values of the listed place.

• Considering the impact of future activity on the

heritage values of a listed place. Economic or

development activities may continue on a listed

place but any action that is likely to have a

significant impact on the heritage values of a

place requires the approval of the Australian

Government Minister for the Environment.

•

National Heritage listing does not change land ownership. National

Heritage listing may, in particular cases, affect

Native Title rights. For more information, please email

heritage@environment.gov.au.

The benefits to the community of a place being included

on the National Heritage List may include:

• Protection of the national heritage values of a

place under the EPBC Act.

• Increase in recognition and appreciation of a heritage place.

• Recognition from wider Australian community of

importance of Indigenous heritage to the national story.

• Opportunities for cultural tourism and ecotourism.

To help the community manage a place on the National

Heritage List, the Australian Government administers

the Australian Heritage Grants Program, a

competitive grants program to improve: conservation,

preservation and access to national heritage listed

places; community engagement with listed places; and

awareness of the listed values.

The program may fund work for national heritage

listed places such as conservation management

plans and works to help protect the values – see the

Heritage Contacts section at the back of this Guide.

17

A place on the National Heritage List

This section provides more detail about each of the nine national heritage criteria.

Criteria are a set of standards or categories used to

describe why a place is of outstanding heritage value

to the nation.

Criteria help to explain the reasons why the

community think a place should be included on the

National Heritage List. In writing your nomination you

will need to explain why the place meets one or more

of the criteria.

A nominated place only needs to meet one of the

criteria for it to be considered special and important

enough to be on the National Heritage List. Meeting

more than one of the criteria does not necessarily

make a stronger case.

Criterion (a)

The place has outstanding heritage

value to the nation because of the place’s

importance in the course, or pattern, of

Australia’s natural or cultural history.

This criterion should be used for places that represent

or are connected to important events and processes

in Australia’s history. The event must have been

significant and led to important changes to Australia’s

political, economic, or social fabric or to important

developments in its natural or cultural history. The

event may have lasted a short time or may have

extended over a number of years. This can be a

place that demonstrates a characteristic way people

lived or live and the things they left behind. The place

should be the best example of that way of life. This

criterion can be applied to a place, a series of places

or an area of country. There are three different ways

Indigenous places can fit this criterion. These are

places that best:

1. represent different periods of Australia’s

Indigenous history;

2. show a particular way of life important in one or

more periods of the history of Indigenous

Australia;

3. mark a change in the course of Indigenous

history in Australia.

National Heritage Criteria section

1. Places that best represent different periods

of Australia’s Indigenous history.

This can include places that showcase particular

Indigenous economies around Australia,

trade routes, social and political networks and

relationships with people from neighbouring areas or

islands, including places that best demonstrate:

• aspects of Indigenous ways of life typical of one or more periods in Indigenous history;

• Indigenous economic processes, including trade, during one or more times in the past;

• relationships with neighbouring areas, islands or new people.

Mount William Stone Axe Quarry in central Victoria was included on the National Heritage List on 25 February 2008. Greenstone Axe Blanks were a major trading resource for the Wurundjeri people in Victoria and traded over a wide area of south–east Australia. (Photo: Mark Mohell)

2. Places that best show a particular way of life.

This includes places that best demonstrate a

particular part of Indigenous culture and/or history

that is common in Australia and is important in one

or more periods of the history of Indigenous

Australia. This type of place is important in the

history of Indigenous Australia because the features of

the place best demonstrate:

• one or more important economic, political or social process in the history of Indigenous Australia;

• aspects of ceremonies practiced, or beliefs held, by Indigenous people.

The Budj Bim Heritage Landscape in south west Victoria was included on the National Heritage List on 20 July 2004.The place provides evidence of an aquaculture system and the lifestyle, including stone eel traps and channels, including stone house sites and smoking trees which tells the story of how the Gunditjmara community developed an economy to grow and harvest eels and fish

3. Places that mark a change in the course of

Indigenous history in Australia.

The place may represent the development of new

laws, institutions, ways of life or places that

represent a turning point in the history of Indigenous

Australia including:

• a change in policy or approach developed by, or

applied to, Indigenous Australians;

• a protest or other action associated with a

change in the treatment of Indigenous

Australians;

• a protest or action commemorated throughout

Australia.

The Myall Creek Massacre and Memorial site near Bingara in NSW was included on the National Heritage List on 7 June 2008 because the massacre event in 1838 represents a change in Australia’s cultural history. It is the last time the colonial administration intervened to ensure the laws of the colony were applied equally to Aboriginal people and settlers involved in frontier killings. (Photo: Mark Mohell)

Criterion (b)

The place has outstanding heritage

value to the nation because of the

place’s possession of uncommon, rare or

endangered aspects of Australia’s natural

or cultural history.

This criterion applies to places that possess

uncommon, rare, or endangered aspects of

Australia’s history that is of national significance to

Australia. This criterion covers places that show

Indigenous ways of life, customs, processes, land–

uses, functions or designs that were uncommon or

are a rare example of a place that was once more

common. Not all uncommon or rare places will be

included on the National Heritage List. Like other

criteria you must be able to show that the place also

has ‘outstanding heritage value to the nation.’

The Brewarrina Aboriginal Fish Traps (Baiame’s Ngunnhuis) is a rare dry-stone fish trap located on a large river system nearly half a kilometre long and consist of a series of dry-stone weirs and ponds arranged in the form of a net across the Barwon River. The Ngunnhu features a very complex design that exploits an unusual location. The size, design and complexity of the Ngunnhu is exceptionally rare in Australia. (Photo: Michael Lindquist)

20

Criterion (c)

The place has outstanding heritage

value to the nation because of the

place’s potential to yield information that

will contribute to an understanding of

Australia’s natural or cultural history.

This criterion applies generally to places with the

potential to provide important information about

Australia’s Indigenous history and culture. For a place

to meet this criterion there must be real evidence or

proven potential that further nationally significant

information can be gained from the place. If there has

already been a significant amount of information

collected about the place it may not have potential to

provide any further information so would not meet the

threshold for this criterion.

This criterion covers places that have a clear potential

to produce important information that would improve

our understanding of:

• one or more periods in the history of Indigenous Australians;

• ways of life or cultures characteristic of Indigenous Australians.

The Ningaloo Coast, located on the remote western coast of Australia, was included on the National Heritage List on 6 January 2010. The Ningaloo Coast has the potential to provide insights into Aboriginal people use of marine resources between 12, 000 and 26, 000 years ago. To date, only a handful of the caves and rock shelters in the region have yet been studied (Photo: Tony Howard)

Criterion (d)

The place has outstanding heritage

value to the nation because of the place’s

importance in demonstrating the principal

characteristics of: i. a class of Australia’s natural or cultural

places; or

ii. a class of Australia’s natural or cultural environments.

This criterion applies to places that are the best

example of a class of place or environment. There are

four different ways places can fit this criterion.

1. A way of life important in the history of

Indigenous Australia;

2. An industrial or technological process important in

the history of Indigenous Australia;

3. A particular design or style important in the

history of Indigenous Australia;

4. A type of land and sea use important in the

history of Indigenous Australia.

1. Places that are the best example of a way

of life.

This includes places that have all of the features (or

the main features) of a particular way of life that are

important in the history of Indigenous Australia. This

includes places that have the main features of

common site types such as occupation sites and

ceremonial places that demonstrate the way

Indigenous people live.

Witjira–Dalhousie Springs was included on the National Heritage List on 4 August 2009 because of its outstanding heritage value being an integral part of Aboriginal tradition and life in northern South Australia. It is the beginning of an exceptionally large number of traditional song lines and story lines in the Witjira National Park. (Photo: Yvonne Webster)

2. Places that are the best example of an

industrial or technological process.

This includes places that have all of the features (or

the main features) of an industrial or technological

process that is important in the history of Indigenous

Australia. Places that show industrial or technological

processes include Indigenous mines, quarries or

places where plant or other resources were

processed.

3. Places that are the best example of a

particular design or style.

This includes places that have all of the features (or

the main features) of a design or style that is

important in the history of Indigenous Australia. This

could include places that best represent a type of

art, settlement or landscape.

The Hermannsburg Historic Precinct in the Northern Territory was included on the National Heritage List on 13 April 2006. It is the last surviving mission developed by the Hermannsburg Missionary Society. The precinct illustrates some of the common themes of Aboriginal mission life in the late 1800s and early 1900s.

4. Places that are the best example of a type

of land or sea use.

This includes places that have all of the features (or

the main features) of a particular land or sea use

that is important in the history of Indigenous

Australia. This could include places that best

illustrate ways Indigenous people influenced, related

to and managed their environment,

or moved across the landscape.

The Dampier Archipelago (including Burrup Peninsula) in Western Australia was included on the National Heritage List on 3 July 2007 because the place comprises one of the largest concentrations of rock engravings, standing stones and other stone arrangements in Australia. (Photo: Dragi Markovic)

Criterion (e)

The place has outstanding heritage

value to the nation because of the

place’s importance in exhibiting particular

aesthetic characteristics valued by a

community or cultural group.

In this criterion ‘aesthetic’ means that the place

has a sense of beauty that is of particular value

to a community of cultural group. Places with

spectacular views or vistas, spectacular natural

features, rock art or stone arrangements could fit

under this criterion.

For a place to meet threshold for this criterion there

must be evidence that the Indigenous community

considers the place to be particularly beautiful

and outstanding in comparison to other similar

places. To date, no place has been included on the

National Heritage List for this type of Indigenous

heritage value.

Criterion (f)

The place has outstanding heritage

value to the nation because of the place’s

importance in demonstrating a high degree

of creative or technical achievement at a

particular period.

This criterion applies generally to places that illustrate

a high degree of creative or technical achievement.

The places may show innovation or creative

adaptation in art, engineering, architecture, design,

landscape design, construction, manufacture,

craftsmanship or some other technical field. There

are three different ways places can fit this criterion.

Places that show a high degree of:

1. achievement in design, art, or craftsmanship;

2. ingenuity or innovative use of material;

3. achievement in combining built features into a

natural landscape to achieve a productive or

aesthetic purpose.

23

1. Places that show a high degree of

achievement in design, art, or craftsmanship.

Places that fit in this type may include images

(including rock art), built features, or a landscape

that has been modified.

The rock engravings in the Dampier Archipelago (including Burrup Peninsula) in Western Australia show exceptional creative diversity and include detailed and finely executed examples of water birds, crabs, crayfish kangaroos, turtles and fish some of which, because of their detail, can be identified to species level. (Photo: Dragi Markovic)

2. Places that show a high degree of ingenuity

or innovative use of material.

This could include places that show clever or

innovative resource extraction and processing sites

ranging from mines and quarries to places that show

processing of toxic plants.

The Sacred Heart Church at Beagle Bay Mission in

the West Kimberley (WA) has a high degree

of creative and technical achievement in the use of

pearl shell and other locally sourced media to

decorate the interior, combining western religious

and Aboriginal motifs.

Built in a remote location from locally sourced

material, the Sacred Heart Church at Beagle Bay

mission is a testimony to the ingenuity and

resourcefulness of the Pallottine brothers and the

Aboriginal residents of the mission who built and

decorated it. The use of pearl and other shells to

decorate the interior of the church, particularly the

sanctuary, demonstrates a high degree of artistic

excellence and technical skill. The place continues

to be highly valued by the

Beagle Bay Aboriginal community today because of

the considerable Aboriginal involvement in its

construction and decoration.

The Beagle Bay Sacred Heart Church, part of the national heritage listed place of the west Kimberley of Western Australia, has pearl shell inlays which represent Aboriginal and Christian symbols. (Photo: Andrew Tatnell)

3. Places that show a high degree of

achievement in combining built features into a

natural landscape to achieve a productive or

aesthetic purpose.

This could include places where material has been

deposited or arranged in the landscape to extract

and process resources or has been created to

represent pictures or symbols.

The Budj Bim National Heritage Landscape – Mt Eccles Lake Condah Area in south west Victoria provides evidence of an eel trap system, an excellent example of a creative achievement that is a combination of natural and built features. (Photo: John Baker)

Criterion (g)

The place has outstanding heritage

value to the nation because of the

place’s strong or special association with a

particular community or cultural group for

social, cultural or spiritual reasons.

The cultural aspect of the criterion means the

Indigenous cultural aspect, the non–Indigenous

cultural aspect or both.

This criterion applies to places to which a community

or cultural group shows a strong or special

attachment at the national level and include religious

or spiritual places, mythological places,

or places important in establishing and maintaining

group identity. The place has to be important

because of the community’s or group’s attachment

to the place that is outstanding in comparison to

others valued by Indigenous communities.

Communities may be any group of people whose

members share a locality, government, or cultural

background. They can be locally based, regional,

metropolitan or national groups, but should be a

recognised community.

The Cyprus Hellene Club–Australian Hall in NSW was included on the National Heritage List on 20 May 2008 because many Indigenous people today still have a strong or special association with the Cyprus Hellene Club – Australia Hall in Sydney for its role in the Day of Mourning Protest. (Photo: State Library of NSW)

Criterion (h)

The place has outstanding heritage

value to the nation because of the

place’s special association with the life or

works of a person, or group of persons,

of importance in Australia’s natural or

cultural history.

This criterion applies to places associated with

significant people. While this criterion is about

recognising important people in Australia’s history,

there must be a strong link between the important

person/group and the nominated place.

To reach threshold for this criterion, the person or

group must be of demonstrated importance in

Australia’s cultural history.

While that person may be connected with a number

of places, the nominated place should be the one

the person is most strongly associated with. This can

be demonstrated where the place has had a strong

effect on their beliefs, profession, practices or

events. It may also include places associated with

the major achievements of important people.

There are two different ways places can fit this

criterion. The place:

1. has strongly influenced the life of a nationally

recognised person or group;

2. is identified as the place where the major

achievements of a nationally recognised person or

group occurred.

1. The place has strongly influenced the life of

a nationally recognised person or group.

The place must be significant for its association with a

person or group of people of national importance.

The Wave Hill walk–off route in the Northern Territory was included on the National Heritage List on 9 August 2007. The route is associated with the work of Vincent Lingiari, who combined leadership on industrial issues with high authority in Aboriginal tradition and dignity in impoverished circumstances. On 15 August 1975 the Gurindji became the first Aboriginal community to have land returned to them by the Commonwealth Government. (Photo: National Archives of Australia)

2. The major achievements of a nationally

recognised person or group occurred at

this place.

The place must be associated with the work or major

achievement of a person or group of people of

national importance.

Heritage Story The West Kimberley was included on the National Heritage List on 31 August 2011. The place has outstanding heritage value to the nation for its association with Jandamarra, whose campaign of resistance was unprecedented in Australian history, as was the ferocity of the police and settler response. The late timing of the settlement and the impenetrable nature of the Devonian Reef helped create the man and the legend of Jandamarra – a man brought up in two worlds, whose detailed knowledge of European methods to contain Aboriginal resistance and his capacity to pass those skills on to his Bunuba countrymen and women, severely threatened the colonising project.

While Jandamarra did not act alone, his abilities to

disappear and avoid capture, and to appear to

even cheat death itself, made him a much feared

adversary to Europeans and a powerful leader

amongst his own people.

Criterion (i)

The place has outstanding heritage

value to the nation because of the place’s

importance as part of Indigenous traditions.

The criterion ‘importance as part of Indigenous

tradition’ can only be used for places which are

important as part of Aboriginal and Torres Strait

Islander tradition. However Aboriginal and Torres

Strait Islander heritage places do not have to be

nominated for this criterion. An Aboriginal or Torres

Strait Islander heritage place can be important under

any of the nine criteria from (a) to (i).

This criterion applies to places that are important as

part of Indigenous tradition. For the National

Heritage List, Indigenous tradition is defined as ‘the

body of traditions, observances, customs and

beliefs of Indigenous persons generally or of a

particular group of Indigenous persons’. This is the

handing down from generation to generation,

especially by word of mouth or by practice. It is

recognised that Indigenous traditions are living and

dynamic – they adapt and develop through time.

To reach the threshold for this criterion, a place must

be part of an Indigenous tradition and there must be

something about the tradition that makes it unusual or

exemplary at the national level. Like the other National

Heritage List criterion a comparative analysis with

other similar places will be done to determine if the

place is nationally outstanding, however given the

nature of Indigenous traditions comparative analyses

may not always be appropriate.

In some cases there may not be enough

information about the Indigenous traditions

associated with a place to decide whether it is of

‘outstanding heritage value to the nation.’

This does not mean that the place is not important as

part of Indigenous tradition; rather it may be difficult to

determine if the place reaches the National Heritage

List threshold from the information available. It also

means that many sites of high importance in

Indigenous tradition which are by nature ‘private’,

‘secret’ or ‘restricted’ will appropriately remain so.

There are three different ways places can fit this

criterion. Places that show Indigenous traditions

associated with:

1. creation beings and spirits,

2. people,

3. land and water.

Given the relationships between creation beings,

people and land and water there is likely to be

significant overlap between these three groupings.

The examples below show that one place may

encompass two or more of these types.

1. Places that show Indigenous traditions

associated with creation beings and spirits.

This includes exemplary or unusual places formed by

creation beings during their journeys, or places where

creation beings ‘put themselves’ into country during a

significant event that occurred during their journey

across the land. It also applies to exemplary or

unusual places inhabited by spirits.

27

The types of places where creation beings still live

or places that retain their essence, can

include rock deposits, lakes, rivers, hills and trees.

Their essence may also be a part of rock art and

other images such as Wandjina, Lightning Brothers

and Baiame. The power of creation beings may be

dangerous and special behaviours may be required

when going to places associated with them.

The way that creation beings behave(d) may affect

the country they created. Safe access is restricted to

certain categories of people (by gender or levels of

initiation) or it may make a place sick or healthy. For

Indigenous people, the land may be populated by

spirits that are mischievous or malicious and

observing protective practices is necessary for

people’s safety and well-being. These spirits may be

embodied in, or associated with, particular features

of the land such as wetlands.

Wilgie Mia Aboriginal Ochre mine in West Australia, the largest red Ochre was worked by Aboriginal men and Ochre exchanged as far afield as Queensland and the Nullabor Plains in South Australia. (Photo: Yamatji Marlpa Aboriginal Corporation)

Heritage Story

The national heritage listed Wilgie Mia Aboriginal

Ochre Mine in Western Australia is the best example

of Indigenous traditions associated with ochre sites.

Wilgie Mia has outstanding heritage value to the

nation for its importance as part of a continuing

Indigenous tradition.

In the tradition, Wilgie Mia was created by an

ancestral being, Marlu the red kangaroo, and the

different coloured ochres found at the place relate to

different parts of the Marlu’s body. This is the only

known tradition to account for the different coloured

ochres that occur within the one site. When compared

with the other major mining sites in Australia, Wilgie

Mia has the most complete records of the rituals and

ceremonies associated with ochre mining in Australia.

While other major Aboriginal mine sites are associated

with creation beings, Wilgie Mia has the most diverse

relationship with spirit beings. In particular, the role of

the Mondong guardian spirits in regulating the

behaviour of people is best exemplified at Wilgie Mia.

Wilgie Mia is a men’s site and access has been

controlled through tradition and ritual. The red ochre at

Wilgie Mia, the blood of Marlu the red kangaroo, is

particularly prized. It has a striking pinkish hue and

silvery sheen which combine to produce a sacred

colour of particular potency. It is for these reasons that

the red ochre from Wilgie Mia is an important part of

Aboriginal ceremonial life, past and present. It is still

traded for use in traditional ceremonies including

important law ceremonies.

2. Places that show Indigenous traditions

associated with people.

This includes exemplary or unusual places where

people go through rites or ceremonies. These

processes may be associated with specific places

where spirits enter a woman or where departed spirits

travel after death.

Ceremonies conducted to change the social status of

living people – for example boy to man, or girl

to woman – often express power, authority and

relationships at an individual or community level. The

places where these ceremonies occur may have

spiritual power.

To date, no places have been included on the

National Heritage List for this type of Indigenous

heritage value.

3. Places that show Indigenous traditions

associated with land and water.

This includes exemplary or unusual places where

techniques to manage the land are practiced by

Indigenous people. These techniques often derive

from creation beings that entrusted a group with the

responsibility for caring for a particular country.

This could include traditions such as fire

management, ceremonies to increase species and

natural phenomena like rain, the observance of

specific prohibitions, and rituals associated with

resource extraction. The techniques may be

associated with rock art, standing stones or other

physical features. There are also traditions associated

with the sharing and trading of resources between

groups.

These include specific places on song lines where

neighbouring groups came together to trade items.

Heritage Story

The Wanjina-Wunggurr tradition features painted

images of Wanjina and the Wunggurr Snake

in rock shelters across the West Kimberley

national heritage place in Western Australia.

The Wanjina-Wunggurr tradition provides testimony

to a complex association of socio-religious beliefs

that continues to be central to the laws and

customs of the Wanjina-Wunggurr people. Painted

images on rock and other features in the land,

sea and sky, including natural rock formations and

man–made stone arrangements, are manifestations

of the Wanjina and the Wunggurr Snake. In order

to sustain the ongoing cycle of life, members of the

Wanjina–Wunggurr community continue to engage

in a range of ritual practices established in Lalai

(The Dreaming). While Wanjina-Wunggurr people

believe that the Wanjina ‘put’ themselves onto rock

surfaces as paintings, they also believe that as the

human descendants of these Wanjina, it is their

duty to maintain the ‘brightness’ or ‘freshness’ of

the paintings by re-touching them with charcoal

and pigments. By keeping the paintings ‘fresh’ the

world will remain fertile – the annual rains arrive,

plants and animals will reproduce and child spirits

will remain available in whirlpools and waterholes

throughout the Wanjina-Wunggurr homeland.

Indigenous heritage places can also be recognised

and protected through local, state, or other

commonwealth laws.

Local Government

Local governments often develop their own heritage

strategies which provide a framework for

management of local heritage. This can include legal

protection of significant local heritage places and

development controls to ensure their ongoing

protection. Talk to your local shire to see if they have

developed a heritage strategy that includes

Indigenous heritage places.

Information on Local Government resources is at:

http://www.heritageinfo.gov.au/government.html.

State and Territory Governments

States and territories have primary responsibility for

the protection and management of Indigenous

heritage places. While all states and territories have

legislation that provides blanket protection to

Indigenous heritage sites, the level of protection for

broader heritage places varies. Most of

Australia’s states and territories maintain registers of

Indigenous heritage sites.

Information about Indigenous heritage legislation

can be found at http://www.environment.gov.au/

heritage/laws/indigenous/protection-laws.html.

Australian Government

The Commonwealth Heritage List is a list of

Indigenous, natural and historic heritage places owned

or controlled by the Australian Government. These

places are assessed against nine criteria similar to the

national heritage criteria, but the threshold is

lower and is generally of local significance rather than

state or national significance. You can see which

places are currently included on the Commonwealth

Heritage List here:

http://www.environment.gov.au/heritage/

about/commonwealth/index.html.

Aboriginal and Torres Strait Islander Heritage Protection Act 1984

The Aboriginal and Torres Strait Islander Heritage

Protection Act 1984 enables the Australian

Government to respond to requests to protect areas

and objects that are particularly significant under

Indigenous tradition (for example sacred sites and

objects) from specific threats of injury or desecration as

a last resort if it appears that state or territory laws have

not provided effective protection.

Alternative methods of recognitionand protection section

The government can make special orders, called declarations, to protect significant Aboriginal areas,

objects and whole classes of objects from threats of

injury or desecration. The government cannot make a

declaration unless an Aboriginal or Torres Strait

Islander person (or a person representing an

Aboriginal or Torres Strait Islander person) has

requested it.

To make a declaration the government must receive satisfactory evidence of culture and or heritage that

explains:

• the nature of the threat of injury or desecration

• particular significance of the area, object or class of objects to Aboriginal or Torres Strait Islander people.

A declaration operates for a defined period of time, and must be revoked if a state or territory

subsequently provides effective protection for the

area, object or class of objects under its own laws.

The power to make declarations is meant to be used

as a last resort, after the relevant processes of the

state or territory have been exhausted.

A copy of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 can be found at

https://www.legislation.gov.au/Details/C2016C00937. An

application is able to be submitted in writing, orally or in

parts, so if you would like further information, please

contact the Department of the Environment and Energy at

ATSIHPA@environment.gov.au.

Promotion

In addition to heritage protection through legislation,

promoting the significance of a place may help to

protect it. Greater awareness of the importance of a

place, what it means, how to use it and how to protect

it can increase a community’s interest and

involvement in its survival.

National/State/ Territory

Legislation (Laws) and links

Responsible agency and links

Australian Government

Environment Protection and Biodiversity Conservation Act 1999 http://www.environment.gov.au/epbc/index.html

Aboriginal and Torres Strait Islander Heritage Protection Act http://www.comlaw.gov.au/Details/C2005C00228

Nominating Places to the National Heritage List: A Guide for Indigenous Communities https://www.environment.gov.au/heritage/organisations/australian-heritage-council/nominating-heritage-place

Australian Heritage Grants Program http://www.environment.gov.au/heritage/grants-and-funding

Australian Heritage Places I t

Department of the Environment and Energy

Ph: 1800 803 772 Email: heritage@environment.gov.au www.environment.gov.au

National Heritage http://www.environment.gov.au/heritage/about/ national/index.html

Australian Heritage Council

Australian Heritage Council Act 2003 http://www.comlaw.gov.au/Series/C2004A01169

Department of the Environment and Energy

Ph: 02 6274 1111 Email: ahc@environment.gov.au

http://www.environment.gov.au/heritage/ahc/index.html

ACT

Heritage Act 2004 http://www.legislation.act.gov.au/a/2004-57/default.asp

Heritage Register http://www.environment.act.gov.au/heritage/heritage_regist

ACT Government - Environment, Planning and Sustainable Development Directorate e Ph: 132 281 Email: heritage@act.gov.au

// /

NSW

Heritage Act 1977 https://www.legislation.nsw.gov.au/#/view/act/1977/136/full National Parks and Wildlife Act 1974 https://www.legislation.nsw.gov.au/#/view/act/1974/80

Information on Indigenous heritage https://www.environment.nsw.gov.au/nswcultureheritage/AboriginalPeopleAndCulturalLife.htm

State Heritage Inventory https://www environment nsw gov au/heritagea

Office of Environment and Heritage Heritage Division, Ph: 02 9873 8500 Email: heritage@heritage.nsw.gov.au

http://www.environment.nsw.gov.au/heritage

NT

Northern Territory Aboriginal Sacred Sites Act 1989 https://legislation.nt.gov.au/en/Legislation/NORTHERN-TERRITORY-ABORIGINAL-SACRED-SITES-ACT

NT Heritage Act 2012 https://legislation.nt.gov.au/Legislation/HERITAGE-ACT

Register https://nt.gov.au/property/land/heritage-listings/heritage-register-

h f l bj t

Aboriginal Areas Protection Authority Ph: 08 8999 4365 Email: enquiries.aapa@nt.gov.au

http://www.aapant.org.au/

Heritage contacts section

National/State/ Territory

Legislation (Laws) and links

Responsible agency and links

QLD

Aboriginal Cultural Heritage Act 2003 https://www.legislation.qld.gov.au/view/html/inforce/current/act-2003-079

Torres Strait Islander Cultural Heritage Act 2003 https://www.legislation.qld.gov.au/view/html/inforce/current/act-2003-080

Register https://culturalheritage.datsip.qld.gov.au/achris/public/home

Department of Aboriginal and Torres Strait Islander Partnerships Cultural Heritage Unit Ph: 137468 https://www.datsip.qld.gov.au/ Department of Environment and Science Ph: 13 74 68 Email: info@des.qld.gov.au http://www.des.qld.gov.au/

SA

Aboriginal Heritage Act 1988 https://www.legislation.sa.gov.au/LZ/C/A/ABORIGINAL%20HERITAGE%20ACT%201988.aspx Heritage Places Act 1993 http://www.legislation.sa.gov.au/LZ/C/A/HERITAGE%20 PLACES%20ACT%201993.aspx

Register http://www.environment.sa.gov.au/Heritage/SA_Heritage_Register

Department of Premier and Cabinet Aboriginal Affairs and Reconciliation (AAR) Division Ph: (08) 8226 8900 https://dpc.sa.gov.au Department of Environment and Water Ph: 08) 8204 1910 www.environment.sa.gov.au http://www.environment.sa.gov.au/Home

Tasmania

Aboriginal Relics Act 1975 https://www.legislation.tas.gov.au/view/html/inforce/current/act-1975-081/

Register https://www.aboriginalheritage.tas.gov.au/about-us/aboriginal-heritage-register

Department of Primary Industries, Parks, Water and Environment

Aboriginal Heritage Tasmania Ph: 1300 487 045 Email: aboriginal@heritage.tas.gov.au

VIC

Aboriginal Heritage Act 2006 http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/51dea49770555ea6ca256da4001b90cd/481F4F0770858034CA257169001D1F4A/$FILE/06-016a.pdf Aboriginal Cultural Heritage Register https://achris.vic.gov.au/#/dashboard Heritage Act 2017 http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/f932b66241ecf1b7ca256e92000e23be/3297D78C7620B8DDCA2580E4000B8857/$FILE/17-007aa%20authorised.pdf Heritage database http://vhd.heritagecouncil.vic.gov.au/

Office of Aboriginal Affairs Victoria Ph: 1300 366 356 Email: Aboriginal.Heritage@dpc.vic.gov.au https://www.vic.gov.au/aboriginalvictoria.html

Heritage Victoria Ph: 03 9938 6894 Email: heritage.victoria@delwp.vic.gov.au https://www.heritage.vic.gov.au/

WA

Aboriginal Heritage Act 1972 (under review) https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a3.html Register https://maps.daa.wa.gov.au/AHIS/

Department of Planning, Lands and Heritage Ph: 08 6551 8002 or 1300 651 077 Email: info@dplh.wa.gov.au https://www.daa.wa.gov.au/

Steps towards a National Heritage List place

The National Heritage List is made up of the places and stories that are recognised to have outstanding heritage value to the nation – these places are important to all Australians, today and into the future.

The heritage values of a place on the National Heritage List are protected under Australia’s national environmental law – the Environment Protection and Biodiversity Act 1999 (EPBC Act).

Any action that is likely to have a significant impact on the heritage values of a place on the National Heritage List requires the approval of the Australian Government Minister for the Environment.

Talk with traditional owners, other people in the community and heritage experts about whether the National Heritage List is the best option to recognise and protect your special place.

If traditional owners and the community agree to nominate your special place for the National Heritage List, download a nomination kit from call 1800 803 772, visit

http://www.environment.gov.au/heritage/places/nominating-heritage-place or email heritage@environment.gov.au for more information.

Write your nomination. Attach letters of support from people in the community.

Once a year, the Australian Government Minister for the Environment decides which nominations

will be assessed by the Australian Heritage Council.

A nomination and the Council’s assessment of it are legal processes and involve many steps – it could take up to five years.

The Australian Heritage Council looks at the heritage values of a nominated place and asks for comment from the public including landowners, occupiers and Indigenous

people with rights or interests in the nominated place.

The Australian Heritage Council advises the Australian Government Minister for the Environment whether a nominated place should be included on the National Heritage List.

The Australian Government’s Minister for the Environment makes the final decision for a place to be included on the National Heritage List.

© Commonwealth of Australia Updated 2018