Does Aboriginal Cultural Heritage Act 2003 (Qld) — duty of care apply to construction (residential and commercial) businesses?
A computed answer from the Rules Mate applicability engine, with the exact condition, the outcome for every structure and size, and the primary source.
Short answer: Only if
Only if your activity disturbs land that may contain Aboriginal cultural heritage or is subject to native title. Being in this industry makes the obligation worth checking (Industry: Construction (residential & commercial)), but the trigger is a fact the industry alone does not settle.
The obligation in brief
Aboriginal Cultural Heritage Act 2003 (Qld) — duty of care. Aboriginal Cultural Heritage Act 2003 (Qld) imposes a cultural heritage duty of care on any person carrying out an activity (s 23). The Duty of Care Guidelines set the standard; compliance options include a Cultural Heritage Management Plan (CHMP) negotiated with the Aboriginal Party, a Cultural Heritage Agreement, or following an approved process.
Trigger: Carrying out (or proposing to carry out) any activity that may harm Aboriginal cultural heritage.
Why construction (residential & commercial) get a different answer
Rules Mate runs its applicability engine across 9 business structures and 6 size bands for each of the 35 industries it maps. For 32 of those industries the answer for "Aboriginal Cultural Heritage Act 2003 (Qld) — duty of care" is no. Construction (residential & commercial) is one of the 3 where the answer is different: only if.
The deciding fact for construction (residential and commercial) businesses: Industry: Construction (residential & commercial); applies only if your activity disturbs land that may contain Aboriginal cultural heritage or is subject to native title.
About the industry: Builders, contractors, and subcontractors covered by the Building & Construction General On-site Award and high-risk WHS.
Compare a professional services (general) business with 6–19 employees structured as a Pty Ltd company: the obligation does not apply (Requires a trigger outside this questionnaire).
Answer by business structure and size
Each cell is the engine's outcome for a business in construction (residential & commercial) with that structure and size, assuming it sells to consumers and small businesses and holds customer contact details. "Check" means the obligation turns on a fact the industry does not settle.
| Structure | No employees | 1–5 employees | 6–19 employees | 20–99 employees | 100–499 employees | 500+ employees |
|---|---|---|---|---|---|---|
| Sole trader | Check | Check | Check | Check | Check | Check |
| Partnership | Check | Check | Check | Check | Check | Check |
| Trust | Check | Check | Check | Check | Check | Check |
| Pty Ltd company | Check | Check | Check | Check | Check | Check |
| Public company | Check | Check | Check | Check | Check | Check |
| Not-for-profit (unregistered) | Check | Check | Check | Check | Check | Check |
| Registered charity | Check | Check | Check | Check | Check | Check |
| Super fund | Check | Check | Check | Check | Check | Check |
| Foreign company | Check | Check | Check | Check | Check | Check |
What the obligation requires
- When due
- Pre-activity — duty of care assessed before commencing; CHMP approved before activity requiring EIS.
- Evidence to keep
- Duty of care assessment; CHMP or Cultural Heritage Agreement; consultation records with Aboriginal Party.
- Maximum penalty
- Up to 1,000 penalty units (~$160,000) for individuals; 10,000 penalty units (~$1.6M) for corporations for harming Aboriginal cultural heritage (s 24).
- Regulator
- See source
- Jurisdiction
- QLD only
Other obligations where construction (residential & commercial) differ from the norm
- Aboriginal Heritage Act 1972 (WA) — s 18 consent: Only if
- Aboriginal Heritage Act 1975 (Tas) — permit to disturb relics: Only if
- Aboriginal Heritage Act 1988 (SA) — Minister's authorisation: Only if
- Aboriginal Heritage Act 2006 (Vic) — CHMP: Only if
- EPBC Act — National Heritage + Indigenous heritage values: Only if
- Heritage Act 2004 (ACT) — Aboriginal places + objects: Only if
- All 31 answers for construction (residential & commercial)
Questions
- Does Aboriginal Cultural Heritage Act 2003 (Qld) — duty of care apply to construction (residential and commercial) businesses?
- Only if your activity disturbs land that may contain Aboriginal cultural heritage or is subject to native title. Being in this industry makes the obligation worth checking (Industry: Construction (residential & commercial)), but the trigger is a fact the industry alone does not settle.
- Is the answer the same for every industry?
- No. For 32 of the 35 industries Rules Mate maps, the answer is no. Construction (residential & commercial) is one of 3 industries with a different answer.
Related
Sources
Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.