Does National Parks and Wildlife Act 1974 (NSW) — Aboriginal heritage apply to construction (residential and commercial) businesses?

National Parks and Wildlife Act 1974 (NSW) — Aboriginal heritage. Under the National Parks and Wildlife Act 1974 (NSW), an Aboriginal heritage impact permit (AHIP) is the legal approval needed before any activity that may directly or indirectly harm Aboriginal objects or a declared Aboriginal Place, and for archaeological test excavations not covered by the Code of Practice for Archaeological Investigation of Aboriginal Objects in NSW. Harm includes moving objects to clear the way for works, salvage excavation, community collection, and damage, defacement or destruction of an Aboriginal Place.

Trigger: A proposed activity that due diligence shows could harm Aboriginal objects or a declared Aboriginal Place, or archaeological test excavation outside the Code of Practice.

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 "National Parks and Wildlife Act 1974 (NSW) — Aboriginal heritage" 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).

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.

When due

Due diligence and Aboriginal community consultation before applying; the AHIP must be granted before the harming activity starts and its conditions apply for the permit duration (stated in years in the application).

Evidence to keep

Due diligence assessment; Aboriginal cultural heritage assessment report prepared under the Guide to investigating, assessing and reporting on Aboriginal cultural heritage in NSW; AHIMS site numbers, site cards and site impact recording forms; Aboriginal community consultation records; development consent and approved plans; native title or ILUA status; AHIP boundary map and spatial data; temporary storage arrangements in NSW for removed objects; the issued AHIP and evidence its conditions were met.

Maximum penalty

An AHIP is the legal approval required before harming Aboriginal objects or a declared Aboriginal Place; penalties under the National Parks and Wildlife Act 1974 (NSW) for harm without one were not restated here.

Regulator

See source

Jurisdiction

NSW only

• Aboriginal Cultural Heritage Act 2003 (Qld) — duty of care: Only if
• 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
• All 31 answers for construction (residential & commercial)