ABSTRACT

This chapter questions whether the common law can be decolonised and explores the possibilities for decolonising cultural heritage legislation such as the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth). It critiques the common law’s reductionist view of land as mere property and contrasts it with the relational and spiritual connections inherent in Aboriginal law. The chapter argues for re-centring Aboriginal law ways and narratives by highlighting the profound possibilities that this shift entails, including amplifying voices and humanising the law. The chapter emphasises restoring Aboriginal sovereignties and protocols to ensure balanced relationships between people and non-human kin.