Page 3608 - Week 10 - Thursday, 19 September 2019
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
was made as part of confirming the area to be cleared and the tree was mistakenly felled as part of a larger program of tree removal. The contractor undertaking the clearance had sought advice from the Conservator of Flora and Fauna in line with statutory process prior to removing any trees and it was identified by the conservator as a tree not to be removed. Unfortunately, an administrative error by the contractor saw the tree wrongly removed during clearance.
Once the error was realised the contractor notified the ACT government straight away and expressed their regret. The investigation concluded that it was not malicious activity that resulted in the removal of the tree but, rather, a genuine and unintentional administration error. There was no evidence of a fault element under the Criminal Code 2002, and it was the investigator’s opinion that there was insufficient evidence for the matter to be prosecuted.
A recommendation resulting from the investigation was that the government consider expanding the range of heritage enforcement tools currently available. This work is being progressed. Additionally, the Education Directorate is currently exploring a range of additional protection measures including developing a heritage identification database for contractors to ensure and enhance the protection of heritage assets on school sites. The Education Directorate is also exploring in consultation with representative aboriginal organisations, or RAOs, appropriate and respectful remediation for the site.
The removal of MST4 was reported in July 2018 by a member of the community. An immediate site inspection confirmed that the tree had been cut down and the trunk containing the cultural scar remained on the ground adjacent to the stump. An initial review of aerial photography indicated that the tree was cut down between December 2016 and March 2017. An ACT government investigation was unable to identify a responsible party or the circumstances of removal. No further compliance action can therefore be taken.
The trunk of MST4 has been temporarily relocated to a safe place to ensure no further damage occurs to the cultural scar. Its relocation and temporary placement was undertaken with the assistance of a qualified materials conservator and in consultation with the RAOs. Final arrangements on the long-term conservation measures for the remaining trunk and interpretation of the location are still ongoing between the land manager for Transport Canberra and City Services in consultation with representative aboriginal organisations.
These recent heritage compliance matters highlighted that the current deterrence system for heritage offences is not as effective as it could be. I have asked the Environment, Planning and Sustainable Development Directorate to explore the introduction of an on-the-spot fine scheme and repair orders. Under new legislation anticipated to be introduced later this year I propose to give the Heritage Council the power to use repair damage directions for people to repair damage they have done to heritage places and objects such as heritage houses and Aboriginal cultural sites.
The government will also introduce an infringement notice system where compliance officers can issue an immediate $1,000 fine to an individual or a $5,000 fine to a corporation for damage to a heritage place regardless of whether it can be repaired.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video