Who must comply with Heritage Act 2004 (ACT) — Aboriginal places + objects?

Disturbing an Aboriginal place or object in the ACT requires registration consultation + ACT Heritage Council approval.

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.

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: 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.

Jurisdiction: Australian Capital Territory law only. A business with no operations in ACT 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 commencing activity — Council approval + RAO consultation in advance.

Frequency

When a triggering event occurs

Evidence to keep

Statement of Heritage Effect; RAO consultation records; Council decision/approval.

Status

Current

Priority

High

Maximum 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).

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
• Northern Territory Aboriginal Sacred Sites Act 1989 — Authority Certificate

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