From the Legislative Council’s Estimates and Financial Operations Committee:

Hon Steve Martin:

On another topic entirely—namely, the comment from [DPIRD Employee] about the Aboriginal heritage training that you have done and now staff have the ability to make assessments. On private land, would the owner of that private land necessarily know that that assessment was made and the outcomes of that assessment?

DPIRD Employee:

Member, it is probably more the point that that is possible.

Hon Steve Martin:

Which is possible, sorry?

DPIRD Employee:

Our staff, if they are doing, say, a research trial with a farmer, they now know that this is the process that they need to go through. I might pass to [DPIRD Employee 2] to talk about this, but I think in any time we were doing a research trial with a private farmer, there is a whole process of consent and discussion about how that works. If there is going to be an Aboriginal heritage management issue, that will be covered by that process.

Hon Steve Martin:

Just to be very clear, if the staff member identified an Aboriginal heritage issue, the farmer would be aware that that would be reported?

DPIRD Employee:

I think there would be an obligation for the staff member to comply with the law.

Hon Steve Martin:

It might be, but would the landowner—

Hon Jackie Jarvis:

Member, I can take that matter on question, if you like. We can actually outline the process, given the time.

[Answered later by Minister Jarvis]

Under section 15 of the Aboriginal Heritage Act 1972, any person who has knowledge of Aboriginal heritage must report its existence to the Registrar of Aboriginal Sites, unless that person has reasonable cause to believe the Registrar already knows of its existence. If DPIRD staff identified Aboriginal heritage on private property, they would share that information with the landowner.

Both the landowner and staff would be legally required to report the Aboriginal heritage to the Registrar.