Aboriginal Heritage Act 1972 (WA) — s 18 consent
Any use of land that may damage an Aboriginal site requires s 18 consent from the Minister.
Who must comply
Owners + occupiers of land + project proponents in WA where activity may affect an Aboriginal site.
What triggers it
Proposing land use that may damage, destroy or alter an Aboriginal site (registered or otherwise).
When due
Before commencing the activity — s 18 consent must be granted in advance.
Evidence required
Section 18 consent notice; heritage survey; consultation with relevant Aboriginal parties; AHIS searches.
Max penalty
Up to $100,000 + 5 years imprisonment (individual) or $500,000 (body corporate) for offences under s 17 (destroying or damaging an Aboriginal site without consent).
Summary
Aboriginal Heritage Act 1972 (WA) protects all places of importance and significance to Aboriginal people, whether registered or not. Section 18 consent is required from the Minister for Aboriginal Affairs (on advice from the Aboriginal Cultural Material Committee) before any use of land likely to damage, destroy or alter an Aboriginal site. Following the Aboriginal Cultural Heritage Act 2021 reversal, the 1972 Act remains the operative regime; the Department of Planning, Lands and Heritage administers the registration system + Aboriginal Heritage Inquiry System.
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.
- QLDAboriginal Cultural Heritage Act 2003 (Qld) — duty of careAnyone carrying out an activity that could harm Aboriginal cultural heritage in Qld owes a statutory duty of care.
- 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 Heritage Act 1972 (WA) — s 18 consent?
- Owners + occupiers of land + project proponents in WA where activity may affect an Aboriginal site.
- What triggers Aboriginal Heritage Act 1972 (WA) — s 18 consent?
- Proposing land use that may damage, destroy or alter an Aboriginal site (registered or otherwise).
- When is Aboriginal Heritage Act 1972 (WA) — s 18 consent due?
- Before commencing the activity — s 18 consent must be granted in advance.
- What is the maximum penalty for Aboriginal Heritage Act 1972 (WA) — s 18 consent?
- Up to $100,000 + 5 years imprisonment (individual) or $500,000 (body corporate) for offences under s 17 (destroying or damaging an Aboriginal site without consent).
- What evidence is required for Aboriginal Heritage Act 1972 (WA) — s 18 consent?
- Section 18 consent notice; heritage survey; consultation with relevant Aboriginal parties; AHIS searches.
Source: https://www.wa.gov.au/organisation/department-of-planning-lands-and-heritage/aboriginal-heritage. Rules Mate is not a law firm. Always verify against the live regulator source before acting.