{"id":"northern-territory-aboriginal-sacred-sites-regulations-2004","name":"NORTHERN TERRITORY ABORIGINAL SACRED SITES REGULATIONS 2004","slug":"northern-territory-aboriginal-sacred-sites-regulations-2004","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177049,"registerId":"nt-northern-territory-aboriginal-sacred-sites-regulations-2004-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"NORTHERN TERRITORY ABORIGINAL SACRED SITES REGULATIONS 2004","content":"NORTHERN TERRITORY OF AUSTRALIA\nNORTHERN TERRITORY ABORIGINAL SACRED SITES\nREGULATIONS 2004\nAs in force at 30 May 2025\nTable of provisions\n1 Citation ............................................................................................ 1\n2 Goods and Services Tax ................................................................. 1\n3 Guidelines for classifying applications ............................................. 1\n5 Charges in respect of conference .................................................... 1\n6 Guidelines as to charges, and amounts of charges, applying to\nnon-standard applications or conference ......................................... 2\n7 Abstract of Authority's records ......................................................... 2\n8 Fees ................................................................................................ 3\nSchedule 1 Guidelines for classifying applications\nSchedule 2 Guidelines as to charges that may apply\nfor non-standard application or conference\nSchedule 3 Charges for non-standard application or\nconference\nSchedule 4 Fees\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 30 May 2025\n____________________\nNORTHERN TERRITORY ABORIGINAL SACRED SITES\nREGULATIONS 2004\nRegulations under the Northern Territory Aboriginal Sacred Sites\nAct 1989\n1 Citation\nThese Regulations may be cited as the Northern Territory\nAboriginal Sacred Sites Regulations 2004.\n2 Goods and Services Tax\nAll fees and charges referred to in these Regulations are exclusive\nof Goods and Services Tax (GST) payable under the A New Tax\nSystem (Goods and Services Tax) Act 1999 (Cth) and GST will be\nadded to the fee or charge where required under that Act.\n3 Guidelines for classifying applications\nFor section 19C of the Act, the guidelines for classifying an\napplication for an Authority Certificate are set out in Schedule 1.\n5 Charges in respect of conference\nFor section 19G(4)(a) of the Act, the matters to which the Authority\nmust have regard in assessing whether the holding of a conference\nis likely to entail significant costs are:\n(a) whether arranging the conference would incur costs additional\nto any costs charged in relation to the determination of the\napplication; and\n(b) whether arranging the conference would entail duplication of\nefforts already spent in relation to the application.\n\nNorthern Territory Aboriginal Sacred Sites Regulations 2004 2\n6 Guidelines as to charges, and amounts of charges, applying to\nnon-standard applications or conference\nFor section 19K(1) of the Act:\n(a) the guidelines as to the charges that may apply in relation to\ndetermining a non-standard application or the arranging of a\nconference are as set out in Schedule 2; and\n(b) the charges that will apply in relation to the determination of a\nparticular non-standard application, or the arranging of a\nparticular conference, are to be calculated in accordance with\nSchedule 3.\n7 Abstract of Authority's records\n(1) A person may apply to the Authority for an abstract of the\nAuthority's records in relation to a parcel of land.\n(2) The application must be in writing and accompanied by the\napplicable fee.\n(3) The Authority may give the applicant a written abstract containing:\n(a) advice as to the following:\n(i) whether there are any registered sacred sites on the\nparcel of land;\n(ii) whether the Authority has a record of any other sacred\nsites on the parcel;\n(iii) whether any part of the parcel is the subject of a\nrestricted work area described in an Authority Certificate;\nand\n(b) a map indicating the location of any registered or recorded\nsacred sites and any restricted work areas.\n(4) The Authority may also give the applicant additional maps or spatial\ndata if the applicant:\n(a) pays the applicable fees for the maps or spatial data; and\n(b) if required by the Authority – signs an agreement between the\napplicant and the Authority in relation to the use of the maps\nor spatial data and pays the applicable fee for the agreement.\n\nNorthern Territory Aboriginal Sacred Sites Regulations 2004 3\n(5) In this regulation:\nparcel of land means the whole of the land the subject of a\nseparate certificate as to title registered under the Land Title\nAct 2000.\n8 Fees\nThe fees payable under the Act and these Regulations are set out\nin Schedule 4.\n\nSchedule 1 Guidelines for classifying applications\nNorthern Territory Aboriginal Sacred Sites Regulations 2004 4\nSchedule 1 Guidelines for classifying applications\nregulation 3\n1 Standard applications\nAn application for an Authority Certificate that is not mentioned in\nclause 2 should be classified as a standard application unless there are\nexceptional circumstances relating to the application.\n2 Non-standard applications\nAn application for an Authority Certificate mentioned below should be\nclassified as a non-standard application.\n2.1 Large area of land\nAn application in relation to one or more areas of land the\nperimeters of which together equal 20 km or more.\n2.2 Substantial project\nAn application in relation to a substantial project, being proposed\nwork that:\n(a) requires an environmental impact assessment under the\nEnvironment Protection Act 2019; or\n(b) is associated with a complex development such as a resort,\nmine or major horticultural development; or\n(c) uses an area of sea; or\n(d) involves the acquisition or extinguishment of native title\nrights.\nA project is not necessarily a substantial project if the works relate\nto a standard road borrow area or to infrastructure being\ndeveloped separately from principal works (for example, an\naccess track to a mine if the request is for an Authority Certificate\nseparate from the main mine Authority Certificate).\n2.3 Aboriginal land\nAn application in relation to an area of land that is, in whole or\npart, Aboriginal land as defined in section 3(1) of the Land Rights\nAct.\n\nSchedule 1 Guidelines for classifying applications\nNorthern Territory Aboriginal Sacred Sites Regulations 2004 5\n2.4 Sacred sites\nAn application in relation to:\n(a) an area of land that encompasses a registered sacred site or\na restricted work area described in a previously issued\nAuthority Certificate; or\n(b) an area where an Authority Certificate has previously been\nrefused due to the existence of sacred sites.\n2.5 Specialised equipment or expertise\nAn application the determination of which will require the use of\nspecialised equipment (for example, charter aeroplanes or\nhelicopters) or expert professional advice (for example, an\narborist).\n2.6 Comprehensive survey\nAn application that:\n(a) is not limited to a specific location or project; and\n(b) requires a comprehensive survey of unusually wide scope.\n2.7 Undisclosed work\nAn application that does not disclose the proposed use of the land\nor the nature of the work proposed to be carried out on the land.\n2.8 Remote location\nAn application in relation to an area of land that is remote from\nmajor population centres, the determination of which will require\nspecial arrangements for travel or accommodation.\n\nSchedule 2 Guidelines as to charges that may apply for non-standard application or\nconference\nNorthern Territory Aboriginal Sacred Sites Regulations 2004 6\nSchedule 2 Guidelines as to charges that may apply for\nnon-standard application or conference\nregulation 6(a)\nThe following costs, if incurred by the Authority in determining a non-standard\napplication or in arranging a conference, may be charged by the Authority to\nthe applicant:\n(a) consultants' fees (including payments to custodians as consultants);\n(b) travel and accommodation expenses (including vehicle costs, airfares\netc.);\n(c) communication costs (satellite phones etc.);\n(d) equipment hire charges (Digital GPS, helicopter, fixed-wing aircraft,\nboat charter etc.);\n(e) photography etc.;\n(f) mapping and production of documents (printing, binding etc.);\n(g) translation and transcription costs;\n(h) incidental food costs;\n(i) cost of staff time spent on research;\n(j) cost of staff time spent supervising and liaising with other\nagencies/bodies;\n(k) administration costs (making of arrangements by Authority staff);\n(l) any other costs reasonably incurred.\n\nSchedule 3 Charges for non-standard application or conference\nNorthern Territory Aboriginal Sacred Sites Regulations 2004 7\nSchedule 3 Charges for non-standard application or\nconference\nregulation 6(b)\n1. The amount of the charges payable by an applicant in respect of a\nparticular application is to be determined as follows:\n(a) items (a) to (h) and item (l) of Schedule 2, if applicable, are to be\ncharged to the applicant at the amount incurred by the Authority;\n(b) items (i) and (j) of Schedule 2, if applicable, are to be charged at\nthe rate of staff wages plus 100% for the time identified as spent\non the matter;\n(c) item (k) of Schedule 2 is to be charged at a flat rate of 20% of the\ntotal of all other applicable items.\n2. Except where no new costs are incurred by the Authority in arranging a\nconference, the amount of the charges payable by an applicant in\nrespect of a particular conference is to be determined in the same\nmanner as set out in clause 1.\n\nSchedule 4 Fees\nNorthern Territory Aboriginal Sacred Sites Regulations 2004 8\nSchedule 4 Fees\nregulation 8\nApplication or matter Fee\n(revenue units)\n1 Standard application for an Authority\nCertificate in relation to:\n(a) freehold land anywhere in the Territory;\nor\n57 for application plus\n1 035 for certificate\n(b) land, other than freehold land and\nAboriginal land, that is:\n(i) within the municipal boundary of\nDarwin, Palmerston or Litchfield;\nor\n(ii) within 25 km of the Alice Springs\nPost Office; or\n57 for application plus\n1 035 for certificate\n(c) land, other than freehold land and\nAboriginal land, that is:\n(i) not within the municipal boundary\nof Darwin, Palmerston or\nLitchfield; and\n(ii) not within 25 km of the Alice\nSprings Post Office\n57 for application plus\n2 300 for certificate\n1A Application for transfer of Authority\nCertificate\n100\n1B Application to add a recorded party or\nparties to Authority Certificate\n100\n2 Inspection of Register of Sacred Sites 23 per sacred site\n3 Inspection of register kept under section 26\nof the Act\n23 per inspection of\nAuthority Certificate\napplication and related\nCertificate or refusal\n4 Abstract of Authority's records 23 per parcel of land\n\nSchedule 4 Fees\nNorthern Territory Aboriginal Sacred Sites Regulations 2004 9\nApplication or matter Fee\n(revenue units)\n5 Additional information provided with abstract\nof Authority's records:\n(a) additional maps up to A3 size; 23 for each map\n(b) maps over A3 size; 50 for the first 5 maps\nand 28 for each\nadditional map\n(c) specialised maps or spatial data equivalent of production\ncosts\n6 Agreement under regulation 7(4)(b) 50\n\nENDNOTES\nNorthern Territory Aboriginal Sacred Sites Regulations 2004 10\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nNorthern Territory Aboriginal Sacred Sites Regulations (SL No. 14, 2004)\nNotified 28 April 2004\nCommenced 28 April 2004\nFees and Charges Amendment Regulations 2009 (SL No. 34, 2009)\nNotified 14 December 2009\nCommenced 1 January 2010 (r 2)\nNorthern Territory Aboriginal Sacred Sites Amendment Regulations 2011 (SL No. 31,\n2011)\nNotified 3 August 2011\nCommenced 3 August 2011\nLocal Government Amendment Act 2013 (Act No. 28, 2013)\nAssent date 8 November 2013\nCommenced 8 November 2013\nEnvironment Protection Act 2019 (Act No. 31, 2019)\nAssent date 9 October 2019\nCommenced 28 June 2020 (Gaz G17, 29 April 2020, p 2)\nAmending Legislation\nStatute Law Revision and Repeals Act 2019 (Act No. 33, 2019)\nAssent date 6 November 2019\nCommenced pts 2 and 3: 11 December 2019 (Gaz G50,\n11 December 2019, p 2); rem: 7 November 2019 (s 2)\nNorthern Territory Aboriginal Sacred Sites Legislation Amendment Act 2025 (Act No.\n11, 2025)\nAssent date 29 May 2025\nCommenced 30 May 2025 (s 2)\n\nENDNOTES\nNorthern Territory Aboriginal Sacred Sites Regulations 2004 11\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: rr 1 and 7 and Sch 1.\n4 LIST OF AMENDMENTS\nr 2 amd No. 31, 2011, r 3\nr 4 amd No. 34, 2009, r 3\nrep No. 31, 2011, r 4\nr 7 sub No. 31, 2011, r 5\nr 8 ins No. 31, 2011, r 5\nsch 1 sub No. 31, 2011, r 6\namd Act No. 31, 2019, s 335\nsch 3 amd No. 31, 2011, r 7\nsch 4 amd No. 34, 2009, r 3\nsub No. 31, 2011, r 8\namd Act No. 28, 2013, s 61; Act No. 11, 2025, s 12","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulations remain tightly focused on their original purpose: establishing the fee structure and administrative procedures for the Northern Territory Aboriginal Sacred Sites Act 1989. While fees have been updated over time (as shown in the Endnotes referencing amendments in 2009, 2011, and 2025), the core scope—classifying applications, setting charges for non-standard matters, and providing access to records—has not expanded beyond the original regulatory framework established in 2004."},"complexity_factors":["Multiple fee schedules with tiered pricing based on land type (freehold vs non-freehold), location (Darwin/Palmerston/Litchfield vs Alice Springs proximity vs remote), and application complexity","Distinction between 'standard' and 'non-standard' applications requiring cross-referencing between Schedule 1 (classification), Schedule 2 (cost types), and Schedule 3 (calculation methodology)","Defined term 'parcel of land' tied to external legislation (Land Title Act 2000)","Percentage-based calculations for non-standard charges (100% loading on staff wages, 20% administration fee on total costs)","External references to multiple Acts: Northern Territory Aboriginal Sacred Sites Act 1989 (parent Act), A New Tax System (Goods and Services Tax) Act 1999 (Cth), Land Title Act 2000, Environment Protection Act 2019, and Land Rights Act","Regulation 7 creates a multi-step process for obtaining spatial data with conditional requirements (written application, fees, potential agreement requirements)","Revenue units used for fees rather than dollar amounts, requiring conversion via separate legislation not included in this text"],"plain_english_summary":"**What this legislation does:**\n\nThese Regulations set out the **fees, charges, and administrative rules** for the Northern Territory Aboriginal Sacred Sites Act 1989. They tell people and companies how much they must pay when they want to:\n\n*   **Apply for an Authority Certificate** (official permission to do work on land that might contain sacred sites)\n*   **Access information** about whether sacred sites exist on a particular piece of land\n*   **Hold conferences** with the Aboriginal Areas Protection Authority (the government body that protects sacred sites)\n\n**Who it affects:**\n\n*   **Developers, miners, and construction companies** who need to check if their projects will damage Aboriginal sacred sites\n*   **Landowners** wanting to know if sacred sites exist on their property\n*   **The Aboriginal Areas Protection Authority**, which uses these fees to fund its work\n\n**Key rules explained:**\n\n*   **Standard vs Non-standard applications:** Most routine applications are \"standard\" and pay fixed fees. \"Non-standard\" applications (big projects, remote areas, Aboriginal land, or areas with known sacred sites) cost more because the Authority must do extra work—hire consultants, fly helicopters, pay custodians for their knowledge, etc.\n*   **Paying the real costs:** For non-standard applications, applicants pay the actual costs the Authority incurs, plus 100% loading on staff wages and a 20% administration fee.\n*   **Getting information:** Anyone can pay a fee to get an \"abstract\" (summary) of the Authority's records showing where sacred sites are on a specific parcel of land.\n*   **GST extra:** All fees exclude GST (Goods and Services Tax), which gets added on top.\n\n**Why it matters:**\n\nThese Regulations balance **protecting Aboriginal cultural heritage** with **making the system financially sustainable**. They ensure that complex, expensive assessments are paid for by the developers who trigger the need for them, rather than by taxpayers. They also create transparency—applicants know upfront what makes an application expensive and can request information before starting work."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, there is no indication the scope has changed from the original intent of the regulations — which is to provide procedural support for the protection of Aboriginal sacred sites in the Northern Territory. The document appears to be a reprint (REPN027R1) rather than an amending instrument."},"complexity_factors":["Limited substantive content is visible in the provided text — the document appears to be a metadata/header record rather than the full legislative text, making full analysis impossible","Regulations of this type typically involve procedural and administrative detail (forms, fees, timeframes) that can require cross-referencing with the parent Act (Aboriginal Sacred Sites Act 1989 (NT))","Interaction with land rights, native title, and environmental approval frameworks adds some contextual complexity for practitioners","The commencement date of 30/05/2025 suggests a recent reprint or amendment, but no amendment detail is visible"],"plain_english_summary":"The Regulations set out how the Aboriginal Areas Protection Authority (AAPA) identifies, records and protects Aboriginal sacred sites in the Northern Territory, including procedures for Authority Certificates, fees, forms and other administrative steps.  \n\nThey affect developers, miners, builders, landowners, government agencies and Aboriginal custodians. They matter because they make sacred-site protection enforceable — breaches can cause criminal penalties and irreversible cultural harm."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Amendments noted in the Endnotes update fees, insert or substitute specific regulations and adjust schedules (including the 2025 amendment), but they alter pricing and administrative detail rather than extending the Regulations' subject‑matter. The Regulations continue to prescribe classification, charging methods, abstracts and fees under the Aboriginal Sacred Sites Act (see Endnotes and regs 3, 6–8; Schedules 1–4)."},"complexity_factors":["Multiple interlocking schedules that set classification rules (Schedule 1), allowable charge types (Schedule 2), charge calculations (Schedule 3) and fixed fees (Schedule 4).","Discretionary variable charging for 'non‑standard' matters, with many cost categories recoverable from applicants (reg 6; Schedule 2).","Mixed charging methods: actual costs for many items, staff time at wages +100% (Schedule 3(1)(b)), and a flat 20% administration surcharge (Schedule 3(1)(c)).","GST treated separately: fees are stated exclusive of GST but GST is added where applicable (reg 2).","Classification criteria for non‑standard applications are broad (large area, substantial project, Aboriginal land, remote location, undisclosed work, specialised equipment/expertise) (Schedule 1 cl 2).","Authority may require and charge for use‑agreements for maps/spatial data, introducing contractual terms and conditional access (reg 7(4)).","Cross‑references to Act provisions (ss 19C, 19G, 19K) create dependency on definitions and thresholds in the parent Act.","Fee tiers vary by land type and proximity (Schedule 4 item 1), creating different cost outcomes depending on location and title.","Amendments history (Endnotes) shows periodic fee and schedule adjustments, so administratively changeable without replacing the regulatory framework."],"plain_english_summary":"These Regulations set the fees, classification rules and charge‑calculation methods the Aboriginal Areas Protection Authority uses when issuing Authority Certificates, arranging conferences, and supplying abstracts or spatial data. Applicants pay fixed fees for standard applications and may be billed variable, reimbursable costs for ‘‘non‑standard’’ applications or conferences (including consultants, travel, equipment, staff time at wages plus 100% and a 20% admin charge); maps or spatial data can require a paid use‑agreement (regs 2–3, 6–7; Schedules 1–4)."}},"importantCases":[],"_links":{"self":"/api/acts/northern-territory-aboriginal-sacred-sites-regulations-2004","history":"/api/acts/northern-territory-aboriginal-sacred-sites-regulations-2004/history","analysis":"/api/acts/northern-territory-aboriginal-sacred-sites-regulations-2004/analysis","conflicts":"/api/acts/northern-territory-aboriginal-sacred-sites-regulations-2004/conflicts","importantCases":"/api/acts/northern-territory-aboriginal-sacred-sites-regulations-2004/important-cases","documents":"/api/acts/northern-territory-aboriginal-sacred-sites-regulations-2004/documents"}}