ABSTRACT

This chapter presents the development and implementation of heritage law and policy in Australia since the 1970s, with a dual focus on World Heritage and the emergence of the rights of Indigenous and local communities to participate in decisions relating to their heritage. In order to gain an understanding of the law and policy context in Australia, it first sets out the international frameworks in relation to heritage law and human rights law and then addresses the emergence of national legal responses at federal, state and territory levels. The Australian government enacted the Australian Human Rights Commission Act in 1986. The function of the commission is to implement international human rights instruments and to act as the primary conduit for interaction with international human rights bodies. The Australian constitution does not contain any specific provisions on environment, heritage or human rights.