Does Northern Territory Aboriginal Sacred Sites Act 1989 — Authority Certificate apply to construction (residential and commercial) businesses?

Northern Territory Aboriginal Sacred Sites Act 1989 — Authority Certificate. The Northern Territory Aboriginal Sacred Sites Act 1989 makes it an offence to enter or remain on, carry out work on, use or desecrate a sacred site in the NT. The Aboriginal Areas Protection Authority receives applications for an Authority Certificate (s 19B), consults the custodians and, on request, holds a conference between the applicant and custodians within 60 days.

Trigger: Proposing work on, or a use of, land in the NT that could damage or interfere with a sacred site, or needing to enter a sacred site other than under the Act or the Land Rights Act.

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 "Northern Territory Aboriginal Sacred Sites Act 1989 — Authority Certificate" 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

Before work or use begins: apply under s 19B, allow time for custodian consultation (and any conference within 60 days of the request), and start only once the Authority Certificate has issued. Conditions apply for as long as the work or use continues.

Evidence to keep

Authority Certificate (or a Minister's Certificate) covering the land and the proposed works, including any variation or transfer; maps showing restricted work areas; records of the conditions and how they were met in the field; consultation and conference records; evidence of reasonable steps taken to locate sacred sites before entering Aboriginal land.

Maximum penalty

Working on or using a sacred site (s 34) or desecrating one (s 35): up to 400 penalty units or 2 years' imprisonment for a natural person, and 2,000 penalty units for a body corporate. Entering or remaining on a sacred site without authority (s 33), or breaching a certificate condition in a way that damages a site or distresses a custodian (s 37): up to 200 penalty units or 12 months' imprisonment for a natural person, and 1,000 penalty units for a body corporate. NT penalty units apply.

Regulator

See source

Jurisdiction

NT 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)