Aboriginal Cultural Heritage Act 2003 (Qld) — duty of care
Anyone carrying out an activity that could harm Aboriginal cultural heritage in Qld owes a statutory duty of care.
Who must comply
Any person carrying out an activity in Qld that could harm Aboriginal or Torres Strait Islander cultural heritage — developers, miners, infrastructure proponents, land users.
What triggers it
Carrying out (or proposing to carry out) any activity that may harm Aboriginal cultural heritage.
When due
Pre-activity — duty of care assessed before commencing; CHMP approved before activity requiring EIS.
Evidence required
Duty of care assessment; CHMP or Cultural Heritage Agreement; consultation records with Aboriginal Party.
Max 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).
Summary
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. Administered by the Department of Treaty, Aboriginal and Torres Strait Islander Partnerships, Communities and the Arts. CHMPs are mandatory for activities requiring an EIS.
Enforced by
Topics
Source: https://www.dsdsatsip.qld.gov.au/our-work/aboriginal-torres-strait-islander-partnerships/reconciliation-cultural-heritage/cultural-heritage. Rules Mate is not a law firm. Always verify against the live regulator source before acting.