Who must comply with Aboriginal Heritage Act 1972 (WA) — s 18 consent?
The applicability test for Aboriginal Heritage Act 1972 (WA) — s 18 consent, 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
Any use of land that may damage an Aboriginal site requires s 18 consent from the Minister.
Aboriginal Heritage Act 1972 (WA) protects all places of importance and significance to Aboriginal people, whether registered or not. Section 18 consent is required from the Minister for Aboriginal Affairs (on advice from the Aboriginal Cultural Material Committee) before any use of land likely to damage, destroy or alter an Aboriginal site. Following the Aboriginal Cultural Heritage Act 2021 reversal, the 1972 Act remains the operative regime; the Department of Planning, Lands and Heritage administers the registration system + Aboriginal Heritage Inquiry System.
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: Owners + occupiers of land + project proponents in WA where activity may affect an Aboriginal site.
What triggers it: Proposing land use that may damage, destroy or alter an Aboriginal site (registered or otherwise).
Jurisdiction: Western Australia law only. A business with no operations in WA 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).
| Industry | Answer |
|---|---|
| Construction (residential & commercial) | Only if a further fact applies |
| Agriculture, forestry & fishing | Only if a further fact applies |
| Mining & resources | Only if a further fact applies |
| No | 32 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
- Before commencing the activity — s 18 consent must be granted in advance.
- Frequency
- When a triggering event occurs
- Evidence to keep
- Section 18 consent notice; heritage survey; consultation with relevant Aboriginal parties; AHIS searches.
- Status
- Current
- Priority
- High
Penalty for not complying
Maximum penalty: Up to $100,000 + 5 years imprisonment (individual) or $500,000 (body corporate) for offences under s 17 (destroying or damaging an Aboriginal site without consent).
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
If this obligation applies to you, so do these 8: the engine uses the same rule for each.
- Native Title Future Act procedures
- Aboriginal Heritage Act 2006 (Vic) — CHMP
- National Parks and Wildlife Act 1974 (NSW) — Aboriginal heritage
- Aboriginal Cultural Heritage Act 2003 (Qld) — duty of care
- Aboriginal Heritage Act 1988 (SA) — Minister's authorisation
- Aboriginal Heritage Act 1975 (Tas) — permit to disturb relics
- Northern Territory Aboriginal Sacred Sites Act 1989 — Authority Certificate
- Heritage Act 2004 (ACT) — Aboriginal places + objects
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 Heritage Act 1972 (WA) — s 18 consent?
- 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 Heritage Act 1972 (WA) — s 18 consent 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 Heritage Act 1972 (WA) — s 18 consent apply to businesses with 1–5 employees?
- Only if a further fact applies (1–5 employees, turnover $100K–$1M).
- When is "Aboriginal Heritage Act 1972 (WA) — s 18 consent" due?
- Before commencing the activity — s 18 consent must be granted in advance.
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.