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
Related obligations
- VICAboriginal Heritage Act 2006 (Vic) — CHMPActivities in areas of cultural heritage sensitivity require a CHMP.
- NSWNational Parks and Wildlife Act 1974 (NSW) — Aboriginal heritageActivities affecting Aboriginal objects + sites in NSW require AHIP or due diligence.
- WAAboriginal Heritage Act 1972 (WA) — s 18 consentAny use of land that may damage an Aboriginal site requires s 18 consent from the Minister.
- SAAboriginal Heritage Act 1988 (SA) — Minister's authorisationActivities that damage, disturb or interfere with an Aboriginal site, object or remains require Minister's authorisation in SA.
- TASAboriginal Heritage Act 1975 (Tas) — permit to disturb relicsA permit from the Minister is required to disturb, destroy or remove an Aboriginal relic in Tasmania.
- NTNorthern Territory Aboriginal Sacred Sites Act 1989 — Authority CertificateUse of land that may affect a sacred site in the NT requires an Authority Certificate from AAPA.
Frequently asked questions
- Who must comply with Aboriginal Cultural Heritage Act 2003 (Qld) — duty of care?
- 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 Aboriginal Cultural Heritage Act 2003 (Qld) — duty of care?
- Carrying out (or proposing to carry out) any activity that may harm Aboriginal cultural heritage.
- When is Aboriginal Cultural Heritage Act 2003 (Qld) — duty of care due?
- Pre-activity — duty of care assessed before commencing; CHMP approved before activity requiring EIS.
- What is the maximum penalty for Aboriginal Cultural Heritage Act 2003 (Qld) — duty of care?
- 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).
- What evidence is required for Aboriginal Cultural Heritage Act 2003 (Qld) — duty of care?
- Duty of care assessment; CHMP or Cultural Heritage Agreement; consultation records with Aboriginal Party.
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.