The Destruction and Revival of Indigenous Heritage in Australia

21 Pages Posted: 5 Mar 2020 Last revised: 15 Jul 2020

See all articles by Ben Boer

Ben Boer

The University of Sydney Law School, Environmental Law; Research Institute of Environmental Law, Wuhan University

Date Written: March 4, 2020

Abstract

The chapter canvasses the deterioration and destruction of Australian Aboriginal and Torres Strait Islander heritage since British colonisation. While much of the history of Indigenous heritage in Australia is associated with decline and destruction, and although much has been lost, the chapter records that over the past four decades, since the 1967 federal referendum, there has been a resurgence and revival that heritage, due to the efforts of individuals and groups in demanding change, both through political fora and in the courts. That rejuvenation has been promoted by international laws and declarations and through Australian federal, state and territory legislative initiatives and policy. However, legislative mechanisms for dealing with the protection of Aboriginal and Torres Strait Islander heritage remain inconsistent in their robustness across the Australian legal landscape.

Keywords: Indigenous, Aboriginal, Torres Strait Islanders, Heritage destruction, intentional, negligent, physical heritage, intangible heritage, Indigenous languages, resurgence, revival

JEL Classification: K10, K30

Suggested Citation

Boer, Ben, The Destruction and Revival of Indigenous Heritage in Australia (March 4, 2020). Sydney Law School Research Paper No. 20/10, Available at SSRN: https://ssrn.com/abstract=3548333 or http://dx.doi.org/10.2139/ssrn.3548333

Ben Boer (Contact Author)

The University of Sydney Law School, Environmental Law ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Research Institute of Environmental Law, Wuhan University

Luojia Hill, Wuchang
Wuhan, Hubei
China

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