National Parks and Wildlife Act 1974 (NSW) — Aboriginal heritage
Activities affecting Aboriginal objects + sites in NSW require AHIP or due diligence.
highcurrentevent driven
Who must comply
Land users; project proponents in NSW.
What triggers it
Activity affecting Aboriginal objects or sites.
When due
Pre-activity AHIP + due diligence + monitoring.
Evidence required
AHIP + heritage assessment + community consultation.
Max penalty
—
Summary
NPW Act 1974 (NSW) Pt 6. Aboriginal Heritage Impact Permits (AHIP) required for activities harming Aboriginal objects + sites. NSW Heritage Reform pending — proposed standalone Aboriginal cultural heritage legislation.
Enforced by
Topics
indigenousheritageland-use
Related obligations
- VICAboriginal Heritage Act 2006 (Vic) — CHMPActivities in areas of cultural heritage sensitivity require a CHMP.
- 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.
- 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 National Parks and Wildlife Act 1974 (NSW) — Aboriginal heritage?
- Land users; project proponents in NSW.
- What triggers National Parks and Wildlife Act 1974 (NSW) — Aboriginal heritage?
- Activity affecting Aboriginal objects or sites.
- When is National Parks and Wildlife Act 1974 (NSW) — Aboriginal heritage due?
- Pre-activity AHIP + due diligence + monitoring.
- What evidence is required for National Parks and Wildlife Act 1974 (NSW) — Aboriginal heritage?
- AHIP + heritage assessment + community consultation.
Source: https://environment.nsw.gov.au/topics/aboriginal-cultural-heritage. Rules Mate is not a law firm. Always verify against the live regulator source before acting.