ELEMENT

PERFORMANCE CRITERIA

1 Conduct background research

1.1 Previous Indigenous cultural heritage and resource surveys are identified and reviewed.

1.2 Relevant commonwealth and state or territory legislation and peak local government associations and council policies are researched and documented.

1.3 Extent to which cultural heritage of other non-Indigenous cultures should be acknowledged is identified and taken into consideration.

2 Identify the correct Indigenous people that are authorised to speak for a place

2.1 Indigenous people with rights and interests in a place are identified through the traditional owners, especially those authorised to speak for a place.

2.2 Both men and women with rights and interests in an area or place are identified because men and women may be responsible for different heritage places and values and may need to be consulted separately.

2.3 Other Indigenous people are identified who may not necessarily be traditional owners but who have interests in a place.

2.4 Indigenous people from surrounding areas who may be affected by a project or activity are identified and consulted.

2.5 Protocols that Indigenous people have established for consultation are identified and adhered to throughout the process.

2.6 Consultation on each new project is undertaken, unless traditional owners and other Indigenous people agree that this is not necessary.

2.7 Non-Indigenous people with rights or interests in the place are identified and consulted.

3 Consult with relevant Indigenous people to discuss the project or activity

3.1 Potential implications of the project or activity are outlined factually and clearly.

3.2 All relevant documentation and information are provided to the traditional owners and all other Indigenous people with rights and interests in a place.

3.3 Sufficient time is allowed for all Indigenous people to decide whether they wish to become involved in the activity or project and to provide informed consent.

3.4 All Indigenous groups with an interest in a place are provided with the same information and given sufficient time to provide informed consent.

3.5 Where groups are in dispute, a process for developing separate but consistent and similar agreements is established.

4 Establish a process for addressing Indigenous cultural heritage matters

4.1 Manner, timing and level of consultation and involvement with the project or activity are agreed.

4.2 The copyright holders of any work undertaken with Indigenous people and the management regime for Indigenous heritage places are identified.

4.3 Need for separate reports for male and female traditional owners and a further report that is publicly available is established.

4.4 Dissemination of reports is carried out effectively.

4.5 The process for obtaining informed consent for displaying any gathered information is identified and agreed.

4.6 Protocols and agreements are formalised and documented.

4.7 Indigenous people are involved in the development of any terms of reference for, and selection of, consultants.

4.8 Resources required to maintain community involvement are identified and secured.

4.9 Relevant documentation for council is prepared, including presentation of alternative options.

5 Consult with relevant Indigenous people in identifying their cultural heritage places and values

5.1 Commonwealth and state or territory laws relating to Aboriginal and Torres Strait heritage are complied with by obtaining necessary permits for surveys and other activities required to identify Indigenous heritage values.

5.2 Sensitive information collected in the course of identifying Indigenous heritage places and values is protected from further unnecessary disclosure.

5.3 Details relating to custodians of information are recorded and protected from further unnecessary disclosure.

6 Implement project or activity

6.1 Meetings are held with identified stakeholders that enable Indigenous people to explain issues relating to Indigenous heritage to non-Indigenous stakeholders.

6.2 Processes for mediation and dispute resolution are identified and established.

6.3 A precautionary approach is identified in cases where Indigenous people refuse to be involved in a project.

6.4 A process to prevent damage or desecration to any Indigenous heritage place is identified and established.

6.5 Proposal or activity is revised or rejected in light of Indigenous people not agreeing because of unacceptable impact on their cultural heritage.