The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (the Act) allows the Federal Environment Minister to issue a declaration to protect a significant Aboriginal area that is under threat of injury or desecration.
To date, ten applications seeking such declarations have been received in relation to a specified area at Barrambin (Victoria Park) in Queensland, including one that was determined in January 2026, and two which were withdrawn.
Two of the applications for declarations, under section 9 of the Act, were received in April 2026. These applications related to early works proposed to begin on 1 June 2026, associated with the development of the Olympic Stadium and National Aquatics Centre site. The proposed works include fencing and ground disturbing works.
In assessing these section 9 applications, I had to consider whether a significant Aboriginal area was under serious and imminent threat of injury or desecration. I have considered the material provided by the applicants, proponents, the Queensland Government, and other interested parties in accordance with the Act.
In accordance with Federal cultural heritage law, I have decided not to make declarations under section 9 of the Act in relation to these applications.
This is because, based on the information before me with respect to each application, I was unable to be satisfied that either application met the statutory requirements for a declaration to be made under the Act.
Today’s decisions follow consultation with interested parties, and I acknowledge the importance of the area to the Turrbal and Yagara Peoples.
My department continues to assess another section 9 application as well as four applications seeking declarations under section 10 of the Act.
I have appointed a section 10 reporter to work with all interested parties to undertake a more detailed review of the issues before I determine if longer term protections are required.
I encourage all parties to engage in this process, and the proposed development, in an open and transparent way.
