Glossary

ABORIGINAL CULTURAL HERITAGE

Aboriginal Cultural Heritage has a statutory meaning and includes significant Aboriginal areas, significant Aboriginal objects and evidence of Aboriginal occupation of an area which is historically or archaeologically significant. 

ABORIGINAL CULTURAL HERITAGE BODY

This is a corporation which may be appointed by the Minister for a particular area on behalf of the Aboriginal group for the area. an Aboriginal Cultural Heritage Body is not an Aboriginal Party. However, if there is no obvious Aboriginal Party for a Proposed Activity Area, an Aboriginal Cultural Heritage Body can help Council or another proponent identify who the Aboriginal Party is.

ABORIGINAL CULTURAL HERITAGE DATABASE

This is a database of Aboriginal Cultural Heritage known to the Queensland Government which is maintained by the CHU.  The information recorded in the database is derived from numerous sources. Aboriginal Parties can apply to enter new information about Aboriginal Cultural Heritage in the database at any time. The database does not contain a definitive record of all Aboriginal Cultural Heritage.

ABORIGINAL CULTURAL HERITAGE REGISTER

This is a register maintained by the Department of Aboriginal and Torres Strait Islander Partnerships website, which records information about Aboriginal Cultural Heritage derived from Cultural Heritage Studies and CHMPs.  In order for there to be a Registered Significant Area or a Registered Significant Object, the area or object must be recorded in the Aboriginal Cultural Heritage Register (as distinct from the Aboriginal Cultural Heritage Database). The register does not contain a definitive record of all Aboriginal Cultural Heritage.

ABORIGINAL HUMAN REMAINS GUIDELINES

These are a statutory instrument under the Aboriginal Cultural Heritage Act 2003 published in the Queensland Government gazette.  The guidelines may be changed from time to time. A copy of the guidelines can be downloaded at: https://www.datsip.qld.gov.au/resources/datsima/people-communities/cultural-heritage/guidelines-human-remains.pdf

ABORIGINAL LAND

there are a few references to this phrase in these procedures. For example, section JAA of the Native Title Act 1993 provides one compliance option.  However, it only applies to land held under a form of Aboriginal freehold title in the Aboriginal Land Act 1991 (Qld) and reserves and DOGITs (Deed of Grant in Trust) for the benefit of Aboriginal people.  It is land tenures of this kind that are referred to as Aboriginal Land.

ACCESS AGREEMENT

an agreement between native title holders and non-native title holders about access to areas of land and waters where native title may exist or has been recognised. Most often used in relation to non-exclusive pastoral leases (see also Part 2 Division 3 Subdivision Q Native Title Act).

ALTERNATIVE PROCEDURE AGREEMENT

a type of Indigenous land use agreement.

AMENDMENT

a change or alteration to a document, such as an application to a court. Amendment of a claimant application will usually trigger the application or re-application of the registration test, however there are exceptions (see ss 64(4) and 190A Native Title Act).

AMENDMENT ACT

an Act of the Australian Parliament that amended the Native Title Act.

APPLICANT

the person or persons who make an application for a determination of native title or a future act determination.

ARBITRATION

the hearing or determining of a dispute between parties.

AREA AGREEMENT

a type of Indigenous land use agreement.

AUTHORISATION

the process native title holders must use to give permission for:

  • an area agreement (a type of Indigenous land use agreement) to be made on their behalf
  • an application for a determination of native title or compensation application to be made on their behalf and to give the applicant the power to deal with matters arising in relation to that application.