Does Aboriginal Heritage Act 1972 (WA) — s 18 consent 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 Heritage Act 1972 (WA) — s 18 consent. Aboriginal Heritage Act 1972 (WA) protects all places of importance and significance to Aboriginal people, whether registered or not. Section 18 consent is required from the Minister for Aboriginal Affairs (on advice from the Aboriginal Cultural Material Committee) before any use of land likely to damage, destroy or alter an Aboriginal site.
Trigger: Proposing land use that may damage, destroy or alter an Aboriginal site (registered or otherwise).
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 Heritage Act 1972 (WA) — s 18 consent" 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
- Before commencing the activity — s 18 consent must be granted in advance.
- Evidence to keep
- Section 18 consent notice; heritage survey; consultation with relevant Aboriginal parties; AHIS searches.
- Maximum penalty
- Up to $100,000 + 5 years imprisonment (individual) or $500,000 (body corporate) for offences under s 17 (destroying or damaging an Aboriginal site without consent).
- Regulator
- See source
- Jurisdiction
- WA only
Other obligations where construction (residential & commercial) differ from the norm
- Aboriginal Cultural Heritage Act 2003 (Qld) — duty of care: 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 Heritage Act 1972 (WA) — s 18 consent 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.