Submission responding to the update on the new

The most important principle for the Act to incorporate is the principle of self-determination.4 Under the fundamental principles articulated in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) including FPIC and self-determination, Tasmanian Aboriginal people “should be the ultimate arbiter of the management of the [cultural heritage] aspects any proposal that will affe. [...] The representation of Tasmanian Aboriginal people and interests The update provides a high-level outline of the role and responsibility of the Aboriginal Heritage Council in making decisions about the protection and management of Aboriginal cultural heritage. [...] Ultimately, it is for the appropriate Tasmanian Aboriginal representative body to decide whether the activity should be allowed based on the significance of impacts and the heritage to the Tasmanian Aboriginal people. [...] The proposal that the Aboriginal Heritage Council (or appropriate Tasmanian Aboriginal representative body) will not have the power in the new Act to refuse to enter into an ACHMP for a development or activity that will have significant and unacceptable impacts on Aboriginal cultural heritage, and for the Minister to have the deciding say, is inconsistent with the UNDRIP principle of FPIC and shou. [...] It is unclear who conducts the surveys for the presence of Aboriginal cultural heritage on the site before the Aboriginal Heritage Council (or appropriate Tasmanian Aboriginal representative body) waives the requirement for the preparation of an ACHMP.