Mechanically, the Act identifies, records and protects places and objects that are of traditional, sacred, ritual or ceremonial significance to Aboriginal people (see s.5–6, s.40). It makes it an offence to damage, excavate, remove or otherwise interfere with such sites or objects except where authorised (s.16–17, s.43). The Minister, assisted by a Registrar and an Aboriginal Cultural Heritage Committee, administers listings, consents, protected‑area declarations and the register of places and objects (s.10–11A, s.37–39, s.38). The Act authorises the Minister to acquire or vest objects and to take exclusive occupation or use of declared protected areas (s.22, s.46–47).
Key decision and control points: the Committee evaluates and recommends (s.39); the Minister makes final decisions on consents to activities that would otherwise breach the Act (s.18(3)), may declare protected areas (s.19(3)–(4)), may retain or acquire Aboriginal cultural material (s.41–47), and may delegate powers to officers or the Trustees of the Museum (s.13, s.39B). The Registrar runs day‑to‑day operations and maintains the register (s.37–38).
How consent and review work: an owner (which for these purposes includes lessees and holders of mining/pipeline/energy/water rights—see s.18(1) and (1a)) who wants to use land in a way that may affect Aboriginal sites must notify the Committee (s.18(2)). The Committee assesses the site and recommends whether the Minister should consent or decline (s.18(2)–(3)). The Minister’s consent can be given with conditions, amended, suspended or revoked if new information emerges (s.18(3), (6A)–(6C)). Owners and certain native title parties can seek review of a Ministerial decision in the State Administrative Tribunal (s.18(5)); however, the Premier may call in some Tribunal reviews for determination by the Premier (s.18A).
The Aboriginal Heritage Act 1972 (WA) establishes a framework for the identification, recording, evaluation and protection of Aboriginal sites and objects in Western Australia. At its core the statute applies to any place that meets one of four criteria set out in s.5: (a) a place where persons of Aboriginal descent appear to have left natural or artificial objects used in traditional cultural life; (b) a sacred, ritual or ceremonial site of importance and special significance to persons of Aboriginal descent; (c) a place the Aboriginal Cultural Heritage Committee considers associated with Aboriginal people and of historical, anthropological, archaeological or ethnographical interest that should be preserved; or (d) a place where objects to which the Act applies are traditionally stored or have been removed under the Act. Section 6 extends the Act to objects of sacred, ritual or ceremonial significance or used in traditional cultural life, and to objects that so nearly resemble such items as to be likely to deceive.
The Act imposes a positive duty on the Minister under s.10(1) to ensure, so far as reasonably practicable, that all places of traditional or current sacred, ritual or ceremonial significance are recorded and their relative importance evaluated so that preservation resources can be coordinated. This duty extends to Aboriginal cultural material wherever located (s.10(2)).
A central operational mechanism is the reporting obligation in s.15. Any person with knowledge of Aboriginal burial grounds, symbols, objects of sacred significance, cave or rock paintings, stone structures, carved trees or any other place or thing to which the Act applies (or might reasonably be suspected to apply) must report it to the Registrar or a police officer unless they reasonably believe the Registrar already knows. Failure to report is not itself an offence under s.15, but the provision underpins the evidentiary framework in Part VII.
Current sections
Direct links to the current provisions in Aboriginal Heritage Act 1972.
5
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Penalties and enforcement: the Act creates inspection and seizure powers (s.41, s.51), and sets criminal penalties for unauthorised interference with sites or objects (s.17, s.57). Convicted persons may forfeit objects to the Crown for the Minister’s use (s.59). The Act contains presumptions of applicability and a special defence for lack of knowledge (s.60–62).
Transitional and institutional changes: the Act (as compiled) includes substantial transitional provisions implementing and rolling back elements of the Aboriginal Cultural Heritage Act 2021 and the 2023 Amendment Act. It abolishes earlier 2021 bodies and establishes the Aboriginal Cultural Heritage Committee (s.28–32, Part 9). Many earlier permits, management plans and protected‑area orders are carried over, converted into consents under s.18 or continued subject to specified conditions (see Part 9, especially s.72–79).
Why the government says the law exists (stated purpose) and what that implies mechanically
The long title states the objective: to provide for preservation of places and objects customarily used by the original inhabitants or their descendants. Mechanically, that objective is implemented by: registering places/objects (s.38), limiting excavation and dealing with objects (s.16, s.43), enabling protected‑area declarations and temporary protections (s.19–20), and vesting or acquiring objects and sites for preservation (s.22, s.46–47).
Who pays, who decides, and what behaviour changes
Who pays: landowners, lessees and holders of resource infrastructure rights are within the definition of "owner" for the consent process (s.18(1), (1a)) and therefore bear compliance costs — notifying the Committee (s.18(2)), meeting conditions attached to consents (s.18(3), (6)), reporting new information (s.18(6)), and potential penalties for non‑compliance (s.18B(2), s.57). The Minister may pay compensation where rights are prejudicially affected by vesting (s.22(2)), but s.14 states compensation is not payable by reason of statutory vesting except as provided in the Act.
Who decides: the Committee evaluates significance and recommends (s.39); the Minister has decision‑making power on consents, protected areas, acquisition and classification of objects (s.18, s.19, s.40–47). The Registrar carries out administrative and enforcement tasks (s.37). The State Administrative Tribunal provides judicial review (s.18(5)), but the Premier can call‑in determinations in cases of State or regional importance (s.18A).
Behavioural effects: owners and rights holders must assess Aboriginal heritage risk before using land that might affect sites (notify Committee under s.18(2)), secure Ministerial consent or authorisation, and comply with consent conditions and reporting obligations (s.18(6), s.18B). Museums, collectors and the public face restrictions on dealing with or publishing images of classified Aboriginal cultural material (s.43–49). Developers and resource operators may need to alter plans, adopt mitigation, or accept conditions tied to consents and protected areas.
Compliance burden, discretion and implementation risks (source citations)
Compliance tasks imposed on private parties include: reporting knowledge of sites (s.15), notifying the Committee to trigger the consent process (s.18(2)), producing objects on request (s.41), notifying the Registrar of changes to protected areas (s.24), and, in the case of a change in ownership of land with a s.18 consent, notifying the Minister (s.18B(2)).
Bureaucratic discretion is broad: the Minister decides whether to consent, impose or amend conditions, revoke or confirm consents (s.18(3), (6A)–(6C)); declares protected areas and temporarily protected areas (s.19–20); and may vest property or acquire objects (s.46–47). The Minister is required to have regard to Committee recommendations and the Registrar’s advice but is not bound to follow them (s.11A, s.39D). That discretion concentrates decision authority within the executive (Minister/Registrar) with advisory input from the Committee (s.39).
Implementation risks signalled by the text: maintaining accurate registers and transferring records from the 2021 regime to the register under this Act (s.38, s.81), handling numerous transitional conversions of permits/consents and protected‑area orders (Part 9), and managing reviews where the Premier may intervene (s.18A). The Act also empowers regulations and transitional regulations (s.68, s.71), so many procedural details are left to delegated instruments.
Market and property effects to note (mechanisms, not judgments)
Effects on private enterprise and project timing: holders of mining tenements, pipeline and distribution licences, and other commercial rights are explicitly captured as "owners" for consent processes (s.18(1), (1a)). Those parties face potential delays and conditions from the Committee’s evaluation and Ministerial consent (s.18(2)–(3)), and possible amendment or suspension of consents if new information appears (s.18(6A)–(6C)). Compulsory taking/vesting and the framework for compensation are set out (s.22), including a process for compulsory acquisition under Land Administration legislation (s.22(3)).
Contract freedom and dispute access: the Act invalidates contractual clauses that would stop native title parties from applying to the Tribunal or participating in proceedings under s.18(5) (s.18(5A)). This preserves certain legal access rights for native title parties.
Speech, publication and cultural‑property restrictions: the Governor may prohibit photographing or publishing images of classified objects (s.49), and the Minister must not exhibit sacred objects contrary to Aboriginal custom (s.48), creating legal limits relevant to museums, publishers and researchers.
Concentrated benefits and diffuse costs, appointment and governance points
Beneficiaries of protection mechanisms are persons and communities of Aboriginal descent who retain custodial and cultural interests (s.7–9, s.8). The Committee is designed to reflect Aboriginal membership and cultural knowledge (s.29, s.39(2)–(3)).
Appointment and governance: the Minister appoints Committee members, sets remuneration (subject to Public Sector Commissioner recommendation) and makes regulations about nominations and conflicts of interest (s.29–32). Those appointment and regulatory powers centralise certain governance choices in the Minister and the regulation‑making process.
What to watch in practice (implementation trade‑offs flagged in the text)
Timing and administrative capacity: carrying over many 2021 Act instruments and converting permits/management plans into s.18 consents (Part 9) creates a substantial administrative workload (s.71, s.73–77).
Discretion vs. legal review: while the Committee advises, the Minister can depart from advice (s.11A); affected owners and native title parties can seek review but the Premier may call in matters of State or regional significance (s.18(5), s.18A).
Compliance costs vs. preservation goals: owners incur reporting, notification, and possible mitigation or acquisition costs (s.15, s.18, s.22). The Act provides compensation pathways in some cases (s.22(2)–(3)) and precludes compensation for statutory vesting except where the Act requires it (s.14). Fees regulations are authorised to recover administration costs (s.67A).
Sources cited in this summary are the sections referenced in parentheses (e.g. s.18(3), s.39, s.22), which set out the legal mechanisms described above.
Protection is effected primarily through the offence-creating provision in s.17. A person commits an offence if they excavate, destroy, damage, conceal or alter an Aboriginal site, or if they alter, damage, remove, destroy, conceal, deal with in an unsanctioned manner, or assume possession, custody or control of an object on or under an Aboriginal site, unless acting with Registrar authorisation under s.16 or Ministerial consent under s.18(3)(a). Section 16 reserves the right to excavate or remove anything from an Aboriginal site to the Registrar, who may authorise entry, excavation and removal on the advice of the Committee.
The consent regime in s.18 is the Act’s most elaborate operational component. Where the owner of land (defined broadly in s.18(1) and (1a) to include lessees, mining tenement holders, certain pipeline and utility licence holders) proposes to use land in a way likely to breach s.17, they must notify the Committee. The Committee evaluates whether an Aboriginal site exists, assesses its importance and significance, and recommends to the Minister whether consent should be given and, if so, on what conditions. The Minister, having regard to the general interest of the community, may consent (with or without conditions), decline consent, or, after new information emerges, amend, revoke, replace or confirm an earlier consent (s.18(6A)–(6D)). A consent given under s.18(3)(a) is deemed to include a continuing condition that the owner notify the Minister of any “new information about an Aboriginal site” discovered after the consent (or after stipulated dates for older consents) (s.18(6)). The Minister must publish notice of decisions on a Department website (s.18(3A)).
Section 18A empowers the Premier to “call in” a review application made to the State Administrative Tribunal under s.18(5) where the application raises issues of State or regional importance. The Premier may direct the President to refer the matter or direct the Tribunal to hear it and refer it with recommendations. The Premier must have regard to the general interest of the community and submissions from owners and native title parties, and may confirm, amend, revoke or replace a consent or reverse the Minister’s decision. Reasons must be published and laid before Parliament.
Protected areas may be declared by Order in Council on the Minister’s recommendation where the Committee considers a site to be of outstanding importance (s.19). Temporarily protected areas may be declared for up to six months (extendable) while evaluation occurs (s.20). Once declared, exclusive occupation and use vests in the Minister (s.22(1)), subject to compensation for prejudicially affected interests (s.22(2)). Regulations may prohibit or condition entry, vehicle use, explosives, vegetation damage and livestock (s.26).
Part V establishes the Aboriginal Cultural Heritage Committee (ss.28–32). The Committee comprises two Aboriginal chairpersons (one for women’s business, one for men’s business) and between four and nine other members, with a statutory preference for a majority of Aboriginal members and balanced gender composition (s.29). Its functions include evaluating the importance of alleged Aboriginal places and objects, recording and preserving traditional lore, recommending places and objects for preservation, and advising the Minister (s.39). Primary considerations in evaluation are associated sacred beliefs, ritual or ceremonial usage (s.39(3)).
Part VI protects objects classified as Aboriginal cultural material by Order in Council (s.40). Owners must notify the Minister and may be required to produce objects (s.41). Dealing with such material is heavily restricted: sale, export or wilful damage is prohibited unless the object is offered to the Minister first, the Minister declines, or the dealing is sanctioned by Aboriginal custom or Ministerial authorisation (s.43). The Minister may purchase or compulsorily acquire objects (ss.45–47). Exhibition and publication of sacred objects are restricted (ss.48–49).
Enforcement powers include appointment of honorary wardens (s.50), rights of inspection (s.51), and broad evidentiary aids: onus of proof that the Act does not apply lies on the accused (s.60(2)); averments that an act occurred on a site are presumed correct (s.60(3)); absence of notices or authorisations is presumed (s.61). A special defence of lack of knowledge is available if the defendant proves they neither knew nor could reasonably have been expected to know that the place or object was protected (s.62).
Part IX contains transitional provisions enacted by the Aboriginal Heritage Legislation Amendment and Repeal Act 2023. These provisions abolish bodies established under the repealed Aboriginal Cultural Heritage Act 2021, map prior consents, authorisations, ACH permits and management plans into the 1972 Act’s consent framework (ss.74–77), continue protected area orders (s.73), deem certain Marandoo Act area land to carry a s.18 consent (s.78), transfer ancestral remains and secret or sacred objects to the Committee (ss.82–83), preserve pending proceedings for 2021 Act offences (s.84), and close accounts (s.87). The Interpretation Act 1984 applies subject to these provisions and any transitional regulations (ss.70–71).
In summary, the Act creates a comprehensive but procedurally layered system that prioritises recording and protection while providing structured pathways for land users to obtain authorisation, with enhanced native title participation, ongoing information obligations and Ministerial oversight.
Who it affects
The Act casts a wide net. Primary duty-bearers include every person who discovers or becomes aware of a potential Aboriginal site or object (s.15), every owner or occupier of land who proposes to carry out works that might affect a site (s.18(2)), and every person who deals with objects that may be Aboriginal cultural material (Part VI). “Owner” is expansively defined in s.18(1) and (1a) to capture Crown lessees, mining tenement holders, holders of rights under the Dampier to Bunbury Pipeline Act 1997, Petroleum Pipelines Act 1969, Energy Coordination Act 1994 and Water Services Act 2012.
Native title parties—defined in s.18(1AA) to include registered native title bodies corporate, registered native title claimants, regional corporations under settlement ILUAs, and prescribed persons—gain explicit rights to apply for review of Ministerial decisions (s.18(5)), make submissions to the Premier on call-in matters (s.18A(7)), and are protected from contractual restraints that would prevent them from participating in proceedings or submissions (s.18(5A)). Traditional custodians named by the Minister under s.9 exercise delegated Ministerial powers and are treated as the Minister for enforcement purposes (s.9(2)).
The Aboriginal Cultural Heritage Committee (ss.28–32) and its members, the Registrar of Aboriginal Sites (s.37), the Minister (who is constituted a body corporate under s.11), officers of the Department, honorary wardens (s.50) and the Premier (when exercising call-in powers) all perform statutory functions. Landowners whose interests are affected by protected area declarations are entitled to compensation (s.22(2)). Persons in possession of objects that may be classified as Aboriginal cultural material must notify and produce them (s.41) and may be subject to compulsory acquisition (s.47).
Bodies corporate are subject to officer liability under Criminal Code s.39 for offences listed in the Table to s.58. Employers are jointly liable with employees who breach protected area regulations while acting in the course of employment (s.26(2)).
Transitional provisions affect persons who held consents, ACH permits or management plan approvals under the 2021 Act or earlier versions of this Act (ss.74–78), and persons who held or were affected by orders or designations under the 2021 Act that cease on repeal day (s.80).
Key duties and rights
Duties
Reporting duty (s.15): knowledge of potential Aboriginal sites or objects must be reported.
Notification duty (s.18(2)): owners must notify the Committee before undertaking land use likely to breach s.17.
Ongoing notification duty (s.18(6)): owners must notify the Minister of “new information about an Aboriginal site” in accordance with any regulations.
Production duty (s.41(2)): persons in custody of objects must produce them if required.
Non-interference duties (s.17, s.43, s.48, s.49): prohibitions on damage, unauthorised dealing, exhibition or publication.
Notification of change of ownership (s.18B(2)): new owners must notify the Minister within the prescribed period.
Compliance with conditions (s.55): breach of any condition attached to a consent or authorisation is an offence.
Rights
Right to seek consent (s.18(2)) and to have the Committee’s recommendation considered.
Right of review by native title parties and owners to the State Administrative Tribunal (s.18(5)), subject to Premier call-in (s.18A).
Right to make submissions to the Premier (s.18A(7)).
Right to compensation for interests prejudicially affected by protected area declarations (s.22(2)).
Traditional custodians’ right to exercise Ministerial powers (s.9).
Defence of lack of knowledge (s.62).
Right of traditional use preserved subject to Ministerial veto where detrimental (s.7).
Right of representative Aboriginal bodies to have objects or places made available for traditional purposes (s.8).
The Minister’s duty under s.10 is framed as a public interest obligation rather than an enforceable private right.
Penalties and enforcement
Penalties are graduated. The general offence provision (s.57(1)) imposes, for individuals, a first-offence maximum of $20,000 and 9 months’ imprisonment (or $40,000 and 2 years for subsequent offences) plus daily penalties of $400. Bodies corporate face $50,000 (first) or $100,000 (subsequent) plus $1,000 daily. Specific penalties include $1,000 for failure to notify change of ownership (s.18B(2)) and $100 for failure to notify possession of classified cultural material (s.41(1)). Secrecy offences carry $1,000 (s.56). Regulations may create offences punishable by fines up to $20,000 (s.68(2)).
Enforcement tools include:
Forfeiture orders (s.59).
Reparation orders under Sentencing Act 1995 Part 16 treating the site or object as Minister’s property (s.57(3)).
Compensation orders paid into the Consolidated Account (s.57(4)).
Evidentiary presumptions (ss.60–61).
Inspection and obstruction offences (ss.51, 54).
Officer liability for corporate offences (s.58).
Injunctions and civil remedies available under transitional regulations (s.71(3)(k)(iv)).
Honorable wardens and Department officers have entry, inspection and questioning powers (s.51). The Registrar may represent the Minister (s.52). Proceedings may be brought in the Minister’s name without specifying particular property (s.53).
How it interacts with other laws
The Act is expressly linked to the Native Title Act 1993 (Cth). Section 18(1AA) imports and adapts numerous native title definitions and creates a hierarchy of “native title parties” that includes registered native title bodies corporate, claimants and regional corporations under settlement ILUAs. Section 18(5A) renders void contractual restraints on native title parties’ participation in review or submissions. The Premier’s call-in power and the requirement to consider the “general interest of the community” must be read against native title procedural rights.
Cross-references to Western Australian statutes are pervasive: the Museum Act 1969 governs collections excluded from the Act (s.6(2a)) and requires consultation with Trustees (s.39A); the Land Administration Act 1997 governs compensation and compulsory acquisition for protected areas (s.22(3)) and Crown land notices (s.66); the State Administrative Tribunal Act 2004 is modified by regulations made under ss.18(10) and 18A(13); the Transfer of Land Act 1893 and Registration of Deeds Act 1856 apply to heritage covenants (s.27); the Sentencing Act 1995 and Criminal Code are engaged for penalties and officer liability.
The Interpretation Act 1984 applies to the 2023 repeal and amendment “subject to this Part and transitional regulations” (s.70). Transitional regulations may modify the operation of any written law (s.71(4)). The Criminal and Found Property Disposal Act 2006 continues to apply to things seized under the 2021 Act (s.86). The Public Works Act 1902 is invoked for acquisition purposes (s.22(3)).
Section 7 preserves traditional use rights and customary law non-disclosure obligations except where the Minister considers them detrimental to the Act’s purposes. Section 14 excludes compensation for statutory vesting except as expressly provided.
Recent changes and why
The most significant recent changes are contained in the Aboriginal Heritage Legislation Amendment and Repeal Act 2023, which repealed the Aboriginal Cultural Heritage Act 2021 (the “2021 Act”) and substantially amended the 1972 Act. The 2021 Act had replaced the Minister-centric model with an Aboriginal Cultural Heritage Council, ACH permits, management plans, prohibition and remediation orders, and a more prescriptive consultation regime. Industry and some Aboriginal groups criticised the 2021 Act for complexity, cost and delay. The 2023 amendments restored the 1972 Act’s basic architecture while incorporating lessons from the 2021 regime.
Key 2023 insertions include:
Expanded definition of “native title party” and protection of their participatory rights (s.18(1AA), (5A)).
The Premier’s call-in power (s.18A).
Mandatory continuing condition requiring notification of new information (s.18(6)) and Ministerial power to amend, revoke or confirm consents on receipt of such information (s.18(6A)–(6D)).
Comprehensive transitional Part 9 that maps 2021 Act consents, ACH permits and management plans into s.18 consents (ss.74–77), continues protected area orders (s.73), deems a consent over the Marandoo Reduced Area (s.78), transfers remains and objects to the new Committee (ss.82–83), preserves 2021 Act offence proceedings (s.84), and closes the ACH Account and Compensation Fund (s.87).
These changes were driven by the policy objective of streamlining approvals, re-centring Ministerial accountability, ensuring ongoing heritage protection through “new information” triggers, and providing legal certainty after the 2021 Act’s repeal. Transitional regulations under s.71 can fine-tune these mappings.
Court challenges and controversies
The provided text does not contain judicial decisions; all claims must be grounded in the statute itself. However, the structure of s.18 has historically generated controversy. The Minister’s obligation to have regard to the Committee’s recommendation but not to be bound by it (s.11A) has been criticised as insufficiently independent. The introduction of the Premier’s call-in power (s.18A) and the ability to suspend consents (s.18A(6), s.18(6C)) raise questions about political override of heritage protection. The “general interest of the community” test in ss.18(3), 18(6A) and 18A(8)(b) is inherently contestable and lacks statutory criteria.
The onus-of-proof rule in s.60(2) and the presumption in s.60(3) have been criticised as reversing normal criminal burdens. The special defence in s.62 places a legal burden on the defendant to prove lack of knowledge and reasonable expectation of knowledge—an onerous evidentiary task in remote or complex sites.
Transitional provisions (Part 9) that deem 2021 Act authorisations to be 1972 Act consents without fresh Ministerial decision (ss.74–77) may generate disputes about whether procedural fairness was afforded under the earlier regime. The exclusion of s.92 of the State Administrative Tribunal Act 2004 by regulations (ss.18(10), 18A(13)) limits the Tribunal’s procedural flexibility.
Controversies also surround the interaction with native title: although s.18(5A) protects participatory rights, the absence of mandatory consultation with all native title parties at the initial s.18(2) notification stage (as opposed to review) has been a point of contention in public debate.
Gotchas
Most practitioners assume that a s.18 consent once granted is final. Section 18(6) and (6A)–(6D) impose a continuing obligation to notify “new information about an Aboriginal site” and empower the Minister to amend, revoke or replace the consent even years later. The definition of “new information” is deliberately broad and, for post-2023 consents, captures any information the original decision-maker was not aware of.
The statutory definition of “owner” in s.18(1) and (1a) is wider than many realise; it includes distribution licence holders under the Energy Coordination Act 1994 and water service licence holders whose rights or powers affect the land. Failure to notify as an “owner” can invalidate the consent process.
Section 18B(2) creates a strict-liability $1,000 offence for failing to notify the Minister of a change in ownership within the prescribed period. The Minister may then amend the consent to restore its intended effect.
The transitional provisions contain multiple “as if” deeming clauses (e.g. s.76(2)(a), s.77(2)(a), s.78(2)) that convert 2021 Act instruments into s.18 consents without a fresh s.18(3) decision. This can trap parties who assume they must recommence the entire process.
The defence in s.62 is narrower than it appears: the defendant must prove both lack of actual knowledge and that they could not reasonably have been expected to know. In practice, the presence of heritage surveys, prior notifications or public registers under s.38 makes this defence difficult to establish.
Covenants under s.27 run with the land and bind successors; many title searches overlook them because they are not always registered as traditional encumbrances.
Section 7(2) gives the Minister a subjective veto over traditional use if, in the Minister’s opinion, it is detrimental to the Act’s purposes. This power is rarely discussed but fundamentally qualifies the preservation of customary rights.
Finally, the Premier’s call-in direction under s.18A(3) must be given within 14 days (or prescribed longer period) and before final determination; late awareness of State significance is irrelevant.
How to comply
Compliance begins with due diligence. Any person proposing to disturb land should commission a heritage survey and search the Register maintained under s.38. If a site is identified or suspected, the owner must give written notice to the Committee under s.18(2) before commencing works. The notice should describe the proposed use, the land, and any known heritage information.
Engage early with the Aboriginal Cultural Heritage Committee and relevant native title parties. Provide sufficient information for the Committee to evaluate the site’s importance under s.39(2)–(3). If the Minister grants consent, ensure all conditions are strictly observed and implement a protocol for immediate notification of any new information (s.18(6)).
If a consent is in place and land ownership changes, give written notice to the Minister within the prescribed period (s.18B(2)) and retain evidence of service. New owners should obtain legal advice on whether the existing consent remains effective or requires amendment under s.18B(3).
Organisations should maintain a heritage management system that includes:
Staff training on s.15 reporting obligations.
Protocols for halting works if previously unknown material is discovered.
Records demonstrating reasonable steps to ascertain the existence of sites (relevant to the s.62 defence).
Contracts that do not purport to restrain native title parties from exercising rights under s.18(5A).
For objects, establish procedures to recognise potential Aboriginal cultural material, notify the Minister under s.41, and refrain from sale, export or damage until the Minister has declined purchase or given authorisation (s.43).
Where a protected area is declared, comply with all regulations made under s.26 and any marking or fencing (s.23). If affected, lodge a compensation claim under s.22(2) promptly.
Monitor the Department website for published decisions (s.18(3A)) and any transitional regulations made under s.71. Where a call-in occurs, prepare concise written submissions addressing the general interest of the community (s.18A(7)–(8)).
Legal sign-off on all land-use approvals should confirm that the specific consent, any conditions, and the continuing notification obligation have been integrated into project contracts and environmental management plans. Regular audits against the Act’s evidentiary presumptions (ss.60–61) reduce enforcement risk.
In short, compliance is not a once-off approval but a continuing obligation to protect, report and respond to new information throughout the life of a project.