Northern Territory Aboriginal Sacred Sites Act 1989 — Authority Certificate
Use of land that may affect a sacred site in the NT requires an Authority Certificate from AAPA.
Who must comply
Any person or body corporate proposing to carry out work on or use land in the Northern Territory where a sacred site may be on or near the land: developers, miners and explorers, pastoral lessees, infrastructure and utility proponents, and government agencies (the Act binds the Crown, s 4).
What triggers it
Proposing work on, or a use of, land in the NT that could damage or interfere with a sacred site, or needing to enter a sacred site other than under the Act or the Land Rights Act.
When due
Before work or use begins: apply under s 19B, allow time for custodian consultation (and any conference within 60 days of the request), and start only once the Authority Certificate has issued. Conditions apply for as long as the work or use continues.
Evidence required
Authority Certificate (or a Minister's Certificate) covering the land and the proposed works, including any variation or transfer; maps showing restricted work areas; records of the conditions and how they were met in the field; consultation and conference records; evidence of reasonable steps taken to locate sacred sites before entering Aboriginal land.
Max penalty
Working on or using a sacred site (s 34) or desecrating one (s 35): up to 400 penalty units or 2 years' imprisonment for a natural person, and 2,000 penalty units for a body corporate. Entering or remaining on a sacred site without authority (s 33), or breaching a certificate condition in a way that damages a site or distresses a custodian (s 37): up to 200 penalty units or 12 months' imprisonment for a natural person, and 1,000 penalty units for a body corporate. NT penalty units apply.
Who must comply with this? The applicability test by industry, business structure and size.
Summary
The Northern Territory Aboriginal Sacred Sites Act 1989 makes it an offence to enter or remain on, carry out work on, use or desecrate a sacred site in the NT. The Aboriginal Areas Protection Authority receives applications for an Authority Certificate (s 19B), consults the custodians and, on request, holds a conference between the applicant and custodians within 60 days. Under s 22 it issues a certificate where it is satisfied the work or land use can proceed without a substantive risk of damage to or interference with a sacred site, or where the custodians and applicant have reached agreement. The certificate describes where work may and may not be done and any conditions, and carrying out work in accordance with it is a defence to the s 34 work offence. The Act also provides for enforceable undertakings and enforcement orders (ss 39B-39H).
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.
- 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.
- CWLTHEPBC Act — National Heritage + Indigenous heritage valuesActions likely to have a significant impact on National Heritage Indigenous values require Commonwealth approval.
Frequently asked questions
- Who must comply with Northern Territory Aboriginal Sacred Sites Act 1989 — Authority Certificate?
- Any person or body corporate proposing to carry out work on or use land in the Northern Territory where a sacred site may be on or near the land: developers, miners and explorers, pastoral lessees, infrastructure and utility proponents, and government agencies (the Act binds the Crown, s 4).
- What triggers Northern Territory Aboriginal Sacred Sites Act 1989 — Authority Certificate?
- Proposing work on, or a use of, land in the NT that could damage or interfere with a sacred site, or needing to enter a sacred site other than under the Act or the Land Rights Act.
- When is Northern Territory Aboriginal Sacred Sites Act 1989 — Authority Certificate due?
- Before work or use begins: apply under s 19B, allow time for custodian consultation (and any conference within 60 days of the request), and start only once the Authority Certificate has issued. Conditions apply for as long as the work or use continues.
- What is the maximum penalty for Northern Territory Aboriginal Sacred Sites Act 1989 — Authority Certificate?
- Working on or using a sacred site (s 34) or desecrating one (s 35): up to 400 penalty units or 2 years' imprisonment for a natural person, and 2,000 penalty units for a body corporate. Entering or remaining on a sacred site without authority (s 33), or breaching a certificate condition in a way that damages a site or distresses a custodian (s 37): up to 200 penalty units or 12 months' imprisonment for a natural person, and 1,000 penalty units for a body corporate. NT penalty units apply.
- What evidence is required for Northern Territory Aboriginal Sacred Sites Act 1989 — Authority Certificate?
- Authority Certificate (or a Minister's Certificate) covering the land and the proposed works, including any variation or transfer; maps showing restricted work areas; records of the conditions and how they were met in the field; consultation and conference records; evidence of reasonable steps taken to locate sacred sites before entering Aboriginal land.
Source: https://legislation.nt.gov.au/Legislation/NORTHERN-TERRITORY-ABORIGINAL-SACRED-SITES-ACT-1989. Rules Mate is not a law firm. Always verify against the live regulator source before acting.