National Parks and Wildlife Act 1974 (NSW) — Aboriginal heritage
Activities affecting Aboriginal objects + sites in NSW require AHIP or due diligence.
Who must comply
Any individual, company, body corporate, government agency or local council proposing development, construction, investigation or land management in NSW that may harm Aboriginal objects or a declared Aboriginal Place. A consultant may apply on the holder's behalf, but a permit cannot be issued to a partnership, trust or unincorporated joint venture.
What triggers it
A proposed activity that due diligence shows could harm Aboriginal objects or a declared Aboriginal Place, or archaeological test excavation outside the Code of Practice.
When due
Due diligence and Aboriginal community consultation before applying; the AHIP must be granted before the harming activity starts and its conditions apply for the permit duration (stated in years in the application).
Evidence required
Due diligence assessment; Aboriginal cultural heritage assessment report prepared under the Guide to investigating, assessing and reporting on Aboriginal cultural heritage in NSW; AHIMS site numbers, site cards and site impact recording forms; Aboriginal community consultation records; development consent and approved plans; native title or ILUA status; AHIP boundary map and spatial data; temporary storage arrangements in NSW for removed objects; the issued AHIP and evidence its conditions were met.
Max penalty
An AHIP is the legal approval required before harming Aboriginal objects or a declared Aboriginal Place; penalties under the National Parks and Wildlife Act 1974 (NSW) for harm without one were not restated here.
Summary
Under the National Parks and Wildlife Act 1974 (NSW), an Aboriginal heritage impact permit (AHIP) is the legal approval needed before any activity that may directly or indirectly harm Aboriginal objects or a declared Aboriginal Place, and for archaeological test excavations not covered by the Code of Practice for Archaeological Investigation of Aboriginal Objects in NSW. Harm includes moving objects to clear the way for works, salvage excavation, community collection, and damage, defacement or destruction of an Aboriginal Place. Before applying, a proponent must carry out due diligence on whether the activity may cause harm and consult the Aboriginal community. The permit carries conditions to minimise harm, and must identify objects and areas within its boundary that will be protected. From 1 July 2026 applications and fees are lodged online through the AHIMS Quarantine Station, administered by Heritage NSW.
Topics
Related
- 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.
- 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.
- ACTHeritage Act 2004 (ACT) — Aboriginal places + objectsDisturbing an Aboriginal place or object in the ACT requires registration consultation + ACT Heritage Council approval.
- 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.
- 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.
Frequently asked questions
- Who must comply with National Parks and Wildlife Act 1974 (NSW) — Aboriginal heritage?
- Any individual, company, body corporate, government agency or local council proposing development, construction, investigation or land management in NSW that may harm Aboriginal objects or a declared Aboriginal Place. A consultant may apply on the holder's behalf, but a permit cannot be issued to a partnership, trust or unincorporated joint venture.
- What triggers National Parks and Wildlife Act 1974 (NSW) — Aboriginal heritage?
- A proposed activity that due diligence shows could harm Aboriginal objects or a declared Aboriginal Place, or archaeological test excavation outside the Code of Practice.
- When is National Parks and Wildlife Act 1974 (NSW) — Aboriginal heritage due?
- Due diligence and Aboriginal community consultation before applying; the AHIP must be granted before the harming activity starts and its conditions apply for the permit duration (stated in years in the application).
- What is the maximum penalty for National Parks and Wildlife Act 1974 (NSW) — Aboriginal heritage?
- An AHIP is the legal approval required before harming Aboriginal objects or a declared Aboriginal Place; penalties under the National Parks and Wildlife Act 1974 (NSW) for harm without one were not restated here.
- What evidence is required for National Parks and Wildlife Act 1974 (NSW) — Aboriginal heritage?
- Due diligence assessment; Aboriginal cultural heritage assessment report prepared under the Guide to investigating, assessing and reporting on Aboriginal cultural heritage in NSW; AHIMS site numbers, site cards and site impact recording forms; Aboriginal community consultation records; development consent and approved plans; native title or ILUA status; AHIP boundary map and spatial data; temporary storage arrangements in NSW for removed objects; the issued AHIP and evidence its conditions were met.
Source: https://www.environment.nsw.gov.au/topics/heritage/permits-agreements-aboriginal-places-objects/apply-for-ahip. Rules Mate is not a law firm. Always verify against the live regulator source before acting.