Heritage Act 2004 (ACT) — Aboriginal places + objects
Disturbing an Aboriginal place or object in the ACT requires registration consultation + ACT Heritage Council approval.
Who must comply
Developers, infrastructure proponents + land users in the ACT whose activity may affect an Aboriginal place or object.
What triggers it
Proposing activity that may damage, disturb or interfere with an Aboriginal place or object.
When due
Before commencing activity — Council approval + RAO consultation in advance.
Evidence required
Statement of Heritage Effect; RAO consultation records; Council decision/approval.
Max penalty
Up to 5,000 penalty units (~$800,000, FY26) + 5 years imprisonment (individual) or 25,000 penalty units (~$4M) (corporation) for damaging an Aboriginal place or object without approval (s 89).
Summary
Heritage Act 2004 (ACT) protects Aboriginal places + objects (Pt 12). The ACT Heritage Council, advised by Representative Aboriginal Organisations (RAOs), assesses applications to disturb Aboriginal places or objects. Statements of Heritage Effect + decisions under s 38 are required before approving development that may affect heritage. Aboriginal places are protected whether registered or not.
Enforced by
Topics
Source: https://www.environment.act.gov.au/heritage/aboriginal-heritage. Rules Mate is not a law firm. Always verify against the live regulator source before acting.