Application for Special Access to the Aboriginal and Torres Strait Islander Cultural Heritage Database and Register


Mandatory Fields *

Applicant Information

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Access Type

Please select a access type: *


Applicant Category

Please select a category: *

Registered cultural heritage body under s36 of the legislation representing an Aboriginal or Torres Strait Islander party (please attach letter signed by an appropriate representative of the corporation)
Registered Native Title Body Corporate (RNTBC) representing an Aboriginal or Torres Strait Islander party (please attach letter signed by an appropriate representative of the corporation)
The named applicant for a registered native title claim (please attach letter signed by all persons comprising the named applicant)
The named applicant for a previously registered native title claim where no other claim has been registered for the area (please attach letter signed by all persons comprising the named applicant)
An authorised legal representative acting under instructions from the named applicant for a registered native title claim, or the named applicant for a previously registered native title claim, where no other claim has been registered (please attach relevant documentation)

Applicant Category

Please select a category: *

State Government Department (Please attach a letter from Director General)
Commonwealth Government Department (Please attach a letter from Departmental Head)
Government owned Corporation (Please attach a letter from CEO)
Local Government Authority (Please attach a letter from CEO)
Private sector land user (Please attach a letter from CEO or equivalent)
Consultant or advisor (Please attach a letter from CEO or equivalent)
Other – please attach details

Attach Information

You should provide as much supporting information as possible in relation to the applicant category and purpose for access. If you do not provide adequate supporting information, access to the online portal may not be granted.

 

Terms and Conditions of Access to the Cultural Heritage Database


Acceptance


You agree that your access to and use of the Database will be strictly in accordance with, and governed by, these legally binding terms and conditions of access.

If you do not accept these terms and conditions of access, then you must not proceed with the application for access to the Database.

Your access to the Database or use of any information available on or through the Database constitutes your acceptance of these terms and conditions of access.

The Department may amend, delete, add to or otherwise revise these terms and conditions of access at any time without notice. Your continued access to the Database or use of any information available on or through the Database constitutes your acceptance of the revised terms and conditions of access. The Department may in its absolute discretion send Registered Aboriginal or Torres Strait Islander Parties a link to or a copy of the revised terms and conditions of access using the email address provided together with their application for access to the Database.


Terms


These terms and conditions of access include the:


These terms and conditions govern your access to the Database and your ongoing use of any information available on or through the Database.


Terminology


In these terms and conditions of access:

  • the expressions "we", "us" and "our" are a reference to the Department;
  • the expressions "you" and "your" are a reference to the individual Registered Aboriginal or Torres Strait Islander Party;
  • "ACHA" means the Aboriginal Cultural Heritage Act 2003;
  • "Database" means the Aboriginal and Torres Strait Island Cultural Heritage Database administered by the Department;
  • "Department" means the Government of the State of Queensland acting through the Department of Aboriginal and Torres Strait Islander Partnerships;
  • "Registered Aboriginal or Torres Strait Islander Parties" mean statutory Aboriginal or Torres Strait Islander parties or registered cultural heritage bodies as defined under Part 4 of ACHA and TSICHA;
  • "TSICHA" means the Torres Strait Islander Cultural Heritage Act 2003.

Purpose


The purpose of establishing the Database is to assemble, in a central and accessible location, information about Aboriginal and Torres Strait Islander cultural heritage (section 39(1) of ACHA and TSICHA).

The Database is intended to be a research and planning tool to help Aboriginal and Torres Strait Islander parties, researchers and other persons in their consideration of the Aboriginal and Torres Strait Islander cultural heritage values of particular areas (section 39(2) of ACHA and TSICHA).

A Registered Aboriginal or Torres Strait Islander Party may access an interactive GIS map containing all information currently held by the Department in relation to cultural heritage sites and places recorded in their area of responsibility.


Use of the Database


You agree that you will access the Database and use any information available on or through the Database in accordance with these terms and conditions of use and that you will not use the Database for any unlawful purpose.


Transfer of Personal Information outside Australia


You agree that if your application for access to the Database is successful, then the Department may transfer your personal information, being the email address you provide in your application and any subsequent email address you provide, to the Department's third party service provider, [Amazon.com, Inc / Amazon Web Services]. The Department's third party service provider uses servers located in the [United States of America].

Your email address will be used by the Department's third party service provider for the sole purpose of generating and sending automatic email notifications relating to your access to and use of the Database. By applying for access to the Database you agree to the transfer of your email address to the [United States of America] for this purpose for the period in which you continue to access and use the Database. In providing your agreement, you understand and acknowledge that countries outside Australia may not have the same protection obligations relating to personal information as Australia.

No other personal information will be transferred outside Australia.

This provision is to be read together with the Privacy Policy www.qld.gov.au/legal/privacy


Security


You agree that in accessing and using the Database, you will not:

  • tamper with any other persons' access to or use of the Database or commit unauthorised intrusion into any part of the Database, including computers, files, accounts, network and equipment;
  • access or use any part of the Database for which you are not authorised or devise ways to circumvent security in order to access or use any part of the Database for which you are not authorised. This includes, but is not limited to, scanning networks with the intent to breach or evaluate security, whether or not the intrusion results in access or not;
  • misuse or attempt to misuse the Database. This includes, but is not limited to, password cracking, social engineering (i.e. defrauding others into releasing their passwords), denial-of-service attacks, harmful and malicious destruction of data, injection of computer viruses or other malicious computer code or intentional invasion of privacy;
  • data mine or conduct automated searches of the Database; and
  • frame or mirror the Database.

Use of information


Registered Aboriginal or Torres Strait Islander Parties are granted access to the Database in accordance with section 43 of ACHA and TSICHA.

Information obtained by a Registered Aboriginal or Torres Strait Islander Party from the Database may be used for any purpose.


Disclaimer


Where the information available on or through the Database is a list which highlights identified Aboriginal or Torres Strait Islander cultural heritage sites for a nominated search area, then no guarantee is made regarding the accuracy of the information provided, including the longitude and latitude location description for any cultural heritage site. Registered Aboriginal or Torres Strait Islander Parties must exercise extra diligence when operating in these locations.

The placing of information on the Database is not intended to be conclusive about whether the information is up-to-date, comprehensive or otherwise accurate.


Exclusion of warranties


The Database, and all information available on or through the Database, is provided:

  • for informational purposes only; and
  • on an "as is" and "as available" basis without warranties of any kind, express or implied, except any warranties which may be implied by legislation and are incapable of exclusion.

To the maximum extent permitted by law, the Department excludes and does not make any representation, statement, warranty or endorsement of any kind, whether express or implied, regarding the quality, content, accuracy, authenticity, completeness, currency, accessibility, suitability, safety, security, reliability, availability or any other aspect of the Database or any information available on or through the Database.

Registered Aboriginal or Torres Strait Islander Parties must make their own inquiries and seek independent advice before relying upon any information available on or through the Database. All Registered Aboriginal or Torres Strait Islander Parties are responsible for assessing the relevance and accuracy of any information available on or through the Database.


Exclusion of liability


The Department does not accept any responsibility or liability for the accuracy, authenticity, completeness, reliability or content of any information available on or through the Database.

To the maximum extent permitted by law, the Department excludes all responsibility and liability, including liability through negligence, for all loss, damage or expenses whatsoever which may be suffered or incurred by you or any other person, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss of data or failure to realise anticipated savings, benefits or business opportunities as a result of:

  • accessing and using the Database;
  • using or relying upon any information available on or through the Database; or
  • any interruption, suspension or termination of the Database, in whole or in part.

Any liability of the Department will be reduced by the extent, if any, to which you contributed to the loss or damage.


Non-excludable liability (if any)


These terms and conditions of access do not attempt or purport to exclude liability arising under legislation if, and only to the extent that, such liability cannot be lawfully excluded.


Release


You release and indemnify us, our agents and employees, from and against any liability for loss or damage however caused, including through negligence, which you or any other person may directly or indirectly suffer or incur arising directly or indirectly out of or in connection with:

  • your access to and use of the Database;
  • your use of or reliance upon information available on or through the Database;
  • a breach of these terms and conditions of access;
  • the use by any third party of information obtained from the Database;
  • any computer viruses or other malicious code comprised in the Database or any information available on or through the Database; or
  • the information available on or through the Database being out-of-date, inaccurate or incomplete in any way for any reason.

Indemnity


You agree to indemnify and hold us, our agents and employees, harmless from any loss, liability, claim, demand, damage or expense, including legal fees, made by any third party directly or indirectly due to, or arising out of or in connection with your:

  • access to and use of the Database;
  • use of or reliance upon information available on or through the Database, including the provision of any such information to a third party;
  • breach of these terms and conditions of access; or
  • infringement of any rights of a third party.

Login and password details


You must:

  • keep your login and password secure at all times;
  • not disclose your login or password to, or share it with, any other person.

You are fully responsible for all activities that occur in relation to the Database using your login and password.

If there is any change in the information upon which your access to the Database was granted, including the information contained in your application for access to the Database, or if there is any actual or suspected unauthorised disclosure or use of your login and password then you must immediately contact the Department.


Governing law


These terms and conditions of access will be governed by and construed in accordance with the laws in force in the State of Queensland, Australia.

You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland.


Severability


If any provision of these terms and conditions of access is held to be invalid, unenforceable or illegal for any reason, then that provision will be deemed severable from these terms and conditions of access and does not affect the validity or enforceability of the remaining provisions.


Termination


The Department may in its absolute discretion terminate these terms and conditions of access or your access to the Database at any time with or without notice and for any reason, including where the Department suspects that you have provided false or misleading information when applying for access to the Database or breached these terms and conditions of access.

Acceptance


You agree that your access to and use of the Database will be strictly in accordance with, and governed by, these legally binding terms and conditions of access.

If you do not accept these terms and conditions of access, then you must not proceed with the application for access to the Database.

Your access to the Database or use of any information available on or through the Database constitutes your acceptance of these terms and conditions of access.

The Department may amend, delete, add to or otherwise revise these terms and conditions of access at any time without notice. Your continued access to the Database or use of any information available on or through the Database constitutes your acceptance of the revised terms and conditions of access. The Department may in its absolute discretion send Registered Users a link to or a copy of the revised terms and conditions of access using the email address provided together with their application for access to the Database.


Terms


These terms and conditions of access include the:


These terms and conditions govern your access to the Database and your ongoing use of any information available on or through the Database.


Terminology


In these terms and conditions of access:

  • the expressions "we", "us" and "our" are a reference to the Department;
  • the expressions "you" and "your" are a reference to the individual Registered Aboriginal or Torres Strait Islander Party;
  • "ACHA" means the Aboriginal Cultural Heritage Act 2003;
  • "Database" means the Aboriginal and Torres Strait Island Cultural Heritage Database administered by the Department;
  • "Department" means the Government of the State of Queensland acting through the Department of Aboriginal and Torres Strait Islander Partnerships;
  • "Registered Users" includes land users, consultants or other advisers that frequently undertake searches of the Database; and
  • "TSICHA" means the Torres Strait Islander Cultural Heritage Act 2003.

Purpose


The purpose of establishing the Database is to assemble, in a central and accessible location, information about Aboriginal and Torres Strait Islander cultural heritage (section 39(1) of ACHA and TSICHA).

The Database is intended to be a research and planning tool to help Aboriginal and Torres Strait Islander parties, researchers and other persons in their consideration of the Aboriginal and Torres Strait Islander cultural heritage values of particular areas (section 39(2) of ACHA and TSICHA).

A Registered User may access a self-service area for the purpose of searching the Database.


Use of the Database


You agree that you will access the Database and use any information available on or through the Database in accordance with these terms and conditions of use and that you will not use the Database for any unlawful purpose.


Transfer of Personal Information outside Australia


You agree that if your application for access to the Database is successful, then the Department may transfer your personal information, being the email address you provide in your application and any subsequent email address you provide, to the Department's third party service provider, [Amazon.com, Inc / Amazon Web Services]. The Department's third party service provider uses servers located in the [United States of America].

Your email address will be used by the Department's third party service provider for the sole purpose of generating and sending automatic email notifications relating to your access to and use of the Database. By applying for access to the Database you agree to the transfer of your email address to the [United States of America] for this purpose for the period in which you continue to access and use the Database. In providing your agreement, you understand and acknowledge that countries outside Australia may not have the same protection obligations relating to personal information as Australia.

No other personal information will be transferred outside Australia.

This provision is to be read together with the Privacy Policy www.qld.gov.au/legal/privacy


Security


You agree that in accessing and using the Database, you will not:

  • tamper with any other persons' access to or use of the Database or commit unauthorised intrusion into any part of the Database, including computers, files, accounts, network and equipment;
  • access or use any part of the Database for which you are not authorised or devise ways to circumvent security in order to access or use any part of the Database for which you are not authorised. This includes, but is not limited to, scanning networks with the intent to breach or evaluate security, whether or not the intrusion results in access or not;
  • misuse or attempt to misuse the Database. This includes, but is not limited to, password cracking, social engineering (i.e. defrauding others into releasing their passwords), denial-of-service attacks, harmful and malicious destruction of data, injection of computer viruses or other malicious computer code or intentional invasion of privacy;
  • data mine or conduct automated searches of the Database; and
  • frame or mirror the Database.

Use of information


Registered Users are granted access to the Database in accordance with section 44 of ACHA and TSICHA.

Information obtained by a Registered User from the Database may only be used internally by the Registered User for the sole purpose of managing the Registered User's cultural heritage duty of care in accordance with section 23 of ACHA and TSICHA.

A Registered User must not publish, disclose or otherwise deal with the information available on or through the Database for any other purpose.

A Registered User must only use the information available on or through the Database in accordance with the Cultural Heritage Duty of Care Guidelines www.datsip.qld.gov.au/resources/datsima/people-communities/cultural-heritage/duty-care-guidelines.pdf

The information available on or through the Database is not licensed to Registered Users under the Creative Commons Attribution 3.0 Australia (CC BY) licence or any licence terms other than as specified in this provision. If a Registered User wants to use any information obtained through the Database for any purpose other than managing the Registered User's cultural heritage duty of care, then they must contact the Department.


Disclaimer


Where the information available on or through the Database is a list which highlights identified Aboriginal or Torres Strait Islander cultural heritage sites for a nominated search area, then no guarantee is made regarding the accuracy of the information provided, including the longitude and latitude location description for any cultural heritage site. Registered Users must exercise extra diligence when operating in these locations.

The placing of information on the Database is not intended to be conclusive about whether the information is up-to-date, comprehensive or otherwise accurate.

All significant Aboriginal and Torres Strait Islander cultural heritage in Queensland is protected under ACHA and TSICHA, and penalty provisions apply for any unauthorised harm. Under the legislation, a person carrying out an activity must take all reasonable and practical measures to ensure that their activities does not harm Aboriginal or Torres Strait Islander cultural heritage. This applies whether or not such places are recorded in an official register and whether or not they are located in, on or under private land.

Aboriginal or Torres Strait Islander cultural heritage is protected under ACHA and TSICHA even if the Department has no records relating to it.

The Cultural Heritage Duty of Care Guidelines www.datsip.qld.gov.au/resources/datsima/people-communities/cultural-heritage/duty-care-guidelines.pdf set out the reasonable and practical measures for meeting the duty of care. In order for a Registered User to meet their duty of care, any land use activity within the vicinity of the recorded cultural heritage area should not proceed without the agreement of the Aboriginal or Torres Strait Islander party for the area or a Cultural Heritage Management Plan undertaken pursuant to Part 7 of ACHA or TSICHA.

A Registered User who accesses the information available on or through the Database does not necessarily comply with the Registered User's cultural heritage duty of care simply because the Registered User has accessed the information.


Exclusion of warranties


The Database, and all information available on or through the Database, is provided:

  • for informational purposes only; and
  • on an "as is" and "as available" basis without warranties of any kind, express or implied, except any warranties which may be implied by legislation and are incapable of exclusion.

To the maximum extent permitted by law, the Department excludes and does not make any representation, statement, warranty or endorsement of any kind, whether express or implied, regarding the quality, content, accuracy, authenticity, completeness, currency, accessibility, suitability, safety, security, reliability, availability or any other aspect of the Database or any information available on or through the Database.

Registered Users must make their own inquiries and seek independent advice before relying upon any information available on or through the Database. All Registered Users are responsible for assessing the relevance and accuracy of any information available on or through the Database.


Exclusion of liability


The Department does not accept any responsibility or liability for the accuracy, authenticity, completeness, reliability or content of any information available on or through the Database.

To the maximum extent permitted by law, the Department excludes all responsibility and liability, including liability through negligence, for all loss, damage or expenses whatsoever which may be suffered or incurred by you or any other person, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss of data or failure to realise anticipated savings, benefits or business opportunities as a result of:

  • accessing and using the Database;
  • using or relying upon any information available on or through the Database; or
  • any interruption, suspension or termination of the Database, in whole or in part.

Any liability of the Department will be reduced by the extent, if any, to which you contributed to the loss or damage.


Non-excludable liability (if any)


These terms and conditions of access do not attempt or purport to exclude liability arising under legislation if, and only to the extent that, such liability cannot be lawfully excluded.


Release


You release and indemnify us, our agents and employees, from and against any liability for loss or damage however caused, including through negligence, which you or any other person may directly or indirectly suffer or incur arising directly or indirectly out of or in connection with:

  • your access to and use of the Database;
  • your use of or reliance upon information available on or through the Database;
  • a breach of these terms and conditions of access;
  • the use by any third party of information obtained from the Database;
  • any computer viruses or other malicious code comprised in the Database or any information available on or through the Database; or
  • the information available on or through the Database being out-of-date, inaccurate or incomplete in any way for any reason.

Indemnity


You agree to indemnify and hold us, our agents and employees, harmless from any loss, liability, claim, demand, damage or expense, including legal fees, made by any third party directly or indirectly due to, or arising out of or in connection with your:

  • access to and use of the Database;
  • use of or reliance upon information available on or through the Database, including the provision of any such information to a third party;
  • breach of these terms and conditions of access; or
  • infringement of any rights of a third party.

Login and password details


You must:

  • keep your login and password secure at all times;
  • not disclose your login or password to, or share it with, any other person.

You are fully responsible for all activities that occur in relation to the Database using your login and password.

If there is any change in the information upon which your access to the Database was granted, including the information contained in your application for access to the Database, or if there is any actual or suspected unauthorised disclosure or use of your login and password then you must immediately contact the Department.


Governing law


These terms and conditions of access will be governed by and construed in accordance with the laws in force in the State of Queensland, Australia.

You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland.


Severability


If any provision of these terms and conditions of access is held to be invalid, unenforceable or illegal for any reason, then that provision will be deemed severable from these terms and conditions of access and does not affect the validity or enforceability of the remaining provisions.


Termination


The Department may in its absolute discretion terminate these terms and conditions of access or your access to the Database at any time with or without notice and for any reason, including where the Department suspects that you have provided false or misleading information when applying for access to the Database or breached these terms and conditions of access.