Who must comply with Northern Territory Aboriginal Sacred Sites Act 1989 — Authority Certificate?

Use of land that may affect a sacred site in the NT requires an Authority Certificate from AAPA.

The Northern Territory Aboriginal Sacred Sites Act 1989 makes it an offence to enter or remain on, carry out work on, use or desecrate a sacred site in the NT. The Aboriginal Areas Protection Authority receives applications for an Authority Certificate (s 19B), consults the custodians and, on request, holds a conference between the applicant and custodians within 60 days. Under s 22 it issues a certificate where it is satisfied the work or land use can proceed without a substantive risk of damage to or interference with a sacred site, or where the custodians and applicant have reached agreement. The certificate describes where work may and may not be done and any conditions, and carrying out work in accordance with it is a defence to the s 34 work offence. The Act also provides for enforceable undertakings and enforcement orders (ss 39B-39H).

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 or body corporate proposing to carry out work on or use land in the Northern Territory where a sacred site may be on or near the land: developers, miners and explorers, pastoral lessees, infrastructure and utility proponents, and government agencies (the Act binds the Crown, s 4).

What triggers it: Proposing work on, or a use of, land in the NT that could damage or interfere with a sacred site, or needing to enter a sacred site other than under the Act or the Land Rights Act.

Jurisdiction: Northern Territory law only. A business with no operations in NT 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

Before work or use begins: apply under s 19B, allow time for custodian consultation (and any conference within 60 days of the request), and start only once the Authority Certificate has issued. Conditions apply for as long as the work or use continues.

Frequency

When a triggering event occurs

Evidence to keep

Authority Certificate (or a Minister's Certificate) covering the land and the proposed works, including any variation or transfer; maps showing restricted work areas; records of the conditions and how they were met in the field; consultation and conference records; evidence of reasonable steps taken to locate sacred sites before entering Aboriginal land.

Status

Current

Priority

High

Maximum penalty: Working on or using a sacred site (s 34) or desecrating one (s 35): up to 400 penalty units or 2 years' imprisonment for a natural person, and 2,000 penalty units for a body corporate. Entering or remaining on a sacred site without authority (s 33), or breaching a certificate condition in a way that damages a site or distresses a custodian (s 37): up to 200 penalty units or 12 months' imprisonment for a natural person, and 1,000 penalty units for a body corporate. NT penalty units apply.

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
• National Parks and Wildlife Act 1974 (NSW) — Aboriginal heritage
• 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
• 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