The Aboriginal Cultural Heritage Act 2003 (QLD): A form of private governance in action?

Abstract

AbstractThe Aboriginal Cultural Heritage Act 2003 (QLD) (ACHA) removes the Queensland Government from any direct role in the regulation of Aboriginal cultural heritage, and operates by encouraging and in certain circumstances, requiring agreements between developers and Aboriginal groups. This paper argues that these agreements constitute a form of private governance. Agreements between developers and Aboriginal groups have traditionally been seen as falling outside private governance literature as they are domestic and contractual in nature. However, private governance theory has recently been used to understand agreements between developers and Indigenous groups in Canada and this paper will demonstrate that the approach of the ACHA constitutes a form of private governance. This paper will analyse the ACHA against key principles for good governance and explore the challenges for the protection of Aboriginal cultural heritage when the state is removed as regulator.