Who must comply with National Parks and Wildlife Act 1974 (NSW) — Aboriginal heritage?

Activities affecting Aboriginal objects + sites in NSW require AHIP or due diligence.

Under the National Parks and Wildlife Act 1974 (NSW), an Aboriginal heritage impact permit (AHIP) is the legal approval needed before any activity that may directly or indirectly harm Aboriginal objects or a declared Aboriginal Place, and for archaeological test excavations not covered by the Code of Practice for Archaeological Investigation of Aboriginal Objects in NSW. Harm includes moving objects to clear the way for works, salvage excavation, community collection, and damage, defacement or destruction of an Aboriginal Place. Before applying, a proponent must carry out due diligence on whether the activity may cause harm and consult the Aboriginal community. The permit carries conditions to minimise harm, and must identify objects and areas within its boundary that will be protected. From 1 July 2026 applications and fees are lodged online through the AHIMS Quarantine Station, administered by Heritage NSW.

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 individual, company, body corporate, government agency or local council proposing development, construction, investigation or land management in NSW that may harm Aboriginal objects or a declared Aboriginal Place. A consultant may apply on the holder's behalf, but a permit cannot be issued to a partnership, trust or unincorporated joint venture.

What triggers it: A proposed activity that due diligence shows could harm Aboriginal objects or a declared Aboriginal Place, or archaeological test excavation outside the Code of Practice.

Jurisdiction: New South Wales law only. A business with no operations in NSW is outside it, whatever the rest of the test says.

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

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".

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.

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.

When due

Due diligence and Aboriginal community consultation before applying; the AHIP must be granted before the harming activity starts and its conditions apply for the permit duration (stated in years in the application).

Frequency

When a triggering event occurs

Evidence to keep

Due diligence assessment; Aboriginal cultural heritage assessment report prepared under the Guide to investigating, assessing and reporting on Aboriginal cultural heritage in NSW; AHIMS site numbers, site cards and site impact recording forms; Aboriginal community consultation records; development consent and approved plans; native title or ILUA status; AHIP boundary map and spatial data; temporary storage arrangements in NSW for removed objects; the issued AHIP and evidence its conditions were met.

Status

Current

Priority

High

Maximum penalty: An AHIP is the legal approval required before harming Aboriginal objects or a declared Aboriginal Place; penalties under the National Parks and Wildlife Act 1974 (NSW) for harm without one were not restated here.

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.

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
• Aboriginal Cultural Heritage Act 2003 (Qld) — duty of care
• Aboriginal Heritage Act 1972 (WA) — s 18 consent
• 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

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.

Free tools that help with this obligation:

• Compliance calendar builder