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Who must comply with Aboriginal Cultural Heritage Act 2003 (Qld) — duty of care?

The applicability test for Aboriginal Cultural Heritage Act 2003 (Qld) — duty of care, computed across 35 industries, 9 business structures and 6 size bands.

Short answer: Only if

Applies only if your activity disturbs land that may contain Aboriginal cultural heritage or is subject to native title. Whether it applies turns on a fact that no industry, structure or size settles on its own.

What the obligation is

Anyone carrying out an activity that could harm Aboriginal cultural heritage in Qld owes a statutory duty of care.

Aboriginal Cultural Heritage Act 2003 (Qld) imposes a cultural heritage duty of care on any person carrying out an activity (s 23). The Duty of Care Guidelines set the standard; compliance options include a Cultural Heritage Management Plan (CHMP) negotiated with the Aboriginal Party, a Cultural Heritage Agreement, or following an approved process. Administered by the Department of Treaty, Aboriginal and Torres Strait Islander Partnerships, Communities and the Arts. CHMPs are mandatory for activities requiring an EIS.

The applicability test

Applies only if your activity disturbs land that may contain Aboriginal cultural heritage or is subject to native title. Whether it applies turns on a fact that no industry, structure or size settles on its own.

How the regulator frames it: Any person carrying out an activity in Qld that could harm Aboriginal or Torres Strait Islander cultural heritage — developers, miners, infrastructure proponents, land users.

What triggers it: Carrying out (or proposing to carry out) any activity that may harm Aboriginal cultural heritage.

Jurisdiction: Queensland law only. A business with no operations in QLD is outside it, whatever the rest of the test says.

Which industries are in or out

Outcome across the 35 industries Rules Mate maps (3 of 35: only if a further fact applies; 32 of 35: no).

IndustryAnswer
Construction (residential & commercial)Only if a further fact applies
Agriculture, forestry & fishingOnly if a further fact applies
Mining & resourcesOnly if a further fact applies
No32 other industries

Business structure and size

Structure does not change the answer in the 3 industries it can reach: for every structure the answer is "only if a further fact applies".

Size does not change the answer in the 3 industries it can reach: at every size band the answer is "only if a further fact applies".

Worked examples

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

  • Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires a trigger outside this questionnaire.
  • Pty Ltd company in construction (residential & commercial) with 6–19 employees, turnover $1M–$3M: check whether it applies. applies only if your activity disturbs land that may contain Aboriginal cultural heritage or is subject to native title.

When you need to check further

The engine shows this obligation as "check whether this applies" when a business has industry: Mining & resources / Construction (residential & commercial) / Agriculture, forestry & fishing. It then applies only if your activity disturbs land that may contain Aboriginal cultural heritage or is subject to native title. That fact is not something Rules Mate can infer from industry, structure or size.

What you must do, and when

When due
Pre-activity — duty of care assessed before commencing; CHMP approved before activity requiring EIS.
Frequency
When a triggering event occurs
Evidence to keep
Duty of care assessment; CHMP or Cultural Heritage Agreement; consultation records with Aboriginal Party.
Status
Current
Priority
High

Penalty for not complying

Maximum penalty: Up to 1,000 penalty units (~$160,000) for individuals; 10,000 penalty units (~$1.6M) for corporations for harming Aboriginal cultural heritage (s 24).

Audit or assurance level

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

Obligations with the same applicability test

Where it sits in the corpus

Rules Mate tracks 10 published obligations tagged "indigenous", 0 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 0 of those apply outright. This obligation is rated high priority, and is triggered by events.

Regulator, legislation and tools

Free tools that help with this obligation:

Questions

Who must comply with Aboriginal Cultural Heritage Act 2003 (Qld) — duty of care?
Applies only if your activity disturbs land that may contain Aboriginal cultural heritage or is subject to native title. Whether it applies turns on a fact that no industry, structure or size settles on its own.
Does Aboriginal Cultural Heritage Act 2003 (Qld) — duty of care apply to sole traders?
Only if a further fact applies. Looking in the 3 industries it can reach and every size band, the engine's answer for a sole trader is: only if a further fact applies.
Does Aboriginal Cultural Heritage Act 2003 (Qld) — duty of care apply to businesses with 1–5 employees?
Only if a further fact applies (1–5 employees, turnover $100K–$1M).
When is "Aboriginal Cultural Heritage Act 2003 (Qld) — duty of care" due?
Pre-activity — duty of care assessed before commencing; CHMP approved before activity requiring EIS.

Related

Sources

Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.