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
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.
- 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 Heritage Act 2004 (ACT) — Aboriginal places + objects?
- Developers, infrastructure proponents + land users in the ACT whose activity may affect an Aboriginal place or object.
- What triggers Heritage Act 2004 (ACT) — Aboriginal places + objects?
- Proposing activity that may damage, disturb or interfere with an Aboriginal place or object.
- When is Heritage Act 2004 (ACT) — Aboriginal places + objects due?
- Before commencing activity — Council approval + RAO consultation in advance.
- What is the maximum penalty for Heritage Act 2004 (ACT) — Aboriginal places + objects?
- 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).
- What evidence is required for Heritage Act 2004 (ACT) — Aboriginal places + objects?
- Statement of Heritage Effect; RAO consultation records; Council decision/approval.
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.