Aboriginal Heritage Act 1975 (Tas) — permit to disturb relics
A permit from the Minister is required to disturb, destroy or remove an Aboriginal relic in Tasmania.
Who must comply
Landowners, developers, infrastructure proponents + agencies undertaking activity in Tasmania that may affect Aboriginal heritage.
What triggers it
Proposing to disturb, destroy, deface or remove an Aboriginal relic.
When due
Before commencing the activity — permit must be issued in advance.
Evidence required
Permit under s 14; Aboriginal Heritage Information System (AHIS) search; Aboriginal Heritage Council advice; consultation records.
Max penalty
Up to 10,000 penalty units (~$1.85M, FY26) or 5 years imprisonment for unlawful disturbance under the 1975 Act (as amended).
Summary
Aboriginal Heritage Act 1975 (Tas) (formerly Aboriginal Relics Act 1975) protects all Aboriginal relics. Section 14 makes it an offence to destroy, damage, deface, conceal or interfere with a relic without a permit. Aboriginal Heritage Tasmania administers the Tasmanian Aboriginal Heritage Register + assesses permit applications referred to the Aboriginal Heritage Council of Tasmania for advice. Reform process toward standalone cultural heritage legislation ongoing.
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.
- 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.
Frequently asked questions
- Who must comply with Aboriginal Heritage Act 1975 (Tas) — permit to disturb relics?
- Landowners, developers, infrastructure proponents + agencies undertaking activity in Tasmania that may affect Aboriginal heritage.
- What triggers Aboriginal Heritage Act 1975 (Tas) — permit to disturb relics?
- Proposing to disturb, destroy, deface or remove an Aboriginal relic.
- When is Aboriginal Heritage Act 1975 (Tas) — permit to disturb relics due?
- Before commencing the activity — permit must be issued in advance.
- What is the maximum penalty for Aboriginal Heritage Act 1975 (Tas) — permit to disturb relics?
- Up to 10,000 penalty units (~$1.85M, FY26) or 5 years imprisonment for unlawful disturbance under the 1975 Act (as amended).
- What evidence is required for Aboriginal Heritage Act 1975 (Tas) — permit to disturb relics?
- Permit under s 14; Aboriginal Heritage Information System (AHIS) search; Aboriginal Heritage Council advice; consultation records.
Source: https://www.aboriginalheritage.tas.gov.au. Rules Mate is not a law firm. Always verify against the live regulator source before acting.