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
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.