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Rules Mate

Does Heritage Act 2004 (ACT) — Aboriginal places + objects apply to mining and resources?

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: Mining & resources), but the trigger is a fact the industry alone does not settle.

The obligation in brief

Heritage Act 2004 (ACT) — Aboriginal places + objects. Heritage Act 2004 (ACT) protects Aboriginal places + objects (Pt 12). The ACT Heritage Council, advised by Representative Aboriginal Organisations (RAOs), assesses applications to disturb Aboriginal places or objects.

Trigger: Proposing activity that may damage, disturb or interfere with an Aboriginal place or object.

Why mining & resources 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 "Heritage Act 2004 (ACT) — Aboriginal places + objects" is no. Mining & resources is one of the 3 where the answer is different: only if.

The deciding fact for mining and resources: Industry: Mining & resources; applies only if your activity disturbs land that may contain Aboriginal cultural heritage or is subject to native title.

About the industry: Mining operations subject to state mining safety regimes, NGER, and royalty obligations.

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 mining & resources 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.

"Heritage Act 2004 (ACT) — Aboriginal places + objects": outcome for mining and resources by structure and size
StructureNo employees1–5 employees6–19 employees20–99 employees100–499 employees500+ employees
Sole traderCheckCheckCheckCheckCheckCheck
PartnershipCheckCheckCheckCheckCheckCheck
TrustCheckCheckCheckCheckCheckCheck
Pty Ltd companyCheckCheckCheckCheckCheckCheck
Public companyCheckCheckCheckCheckCheckCheck
Not-for-profit (unregistered)CheckCheckCheckCheckCheckCheck
Registered charityCheckCheckCheckCheckCheckCheck
Super fundCheckCheckCheckCheckCheckCheck
Foreign companyCheckCheckCheckCheckCheckCheck

What the obligation requires

When due
Before commencing activity — Council approval + RAO consultation in advance.
Evidence to keep
Statement of Heritage Effect; RAO consultation records; Council decision/approval.
Maximum penalty
Up to 5,000 penalty units (~$800,000, FY26) + 5 years imprisonment (individual) or 25,000 penalty units (~$4M) (corporation) for damaging an Aboriginal place or object without approval (s 89).
Regulator
See source
Jurisdiction
ACT only

Other obligations where mining & resources differ from the norm

Other industries with a non-default answer

Questions

Does Heritage Act 2004 (ACT) — Aboriginal places + objects apply to mining and resources?
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: Mining & resources), 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. Mining & resources 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.