Aboriginal Heritage Regulations 1974 (Western Australia)

These Regulations set procedural and operational rules that implement parts of the Aboriginal Heritage Act 1972 (WA) and create substantive obligations and prohibitions that apply to Aboriginal sites, protected areas, and certain designated lands in Western Australia. They do not restate the Act, but they:

Prescribe persons, datasets and procedural pathways relevant to the Act’s consent, notice and review mechanisms, including a definition of “native title party” for the Act’s s 18(1AA) (regulation 13) and requirements to give certain notices using an AH management system (regulations 14 and 16).
Confer and restrict administrative powers: the Minister may control public admission to protected areas and prohibit access by notice (regulations 4-5); wardens and authorised officers have specified powers and must hold the prescribed certificate forms (regulations 11-12, Schedule Forms 1 and 2).
Create on-the-ground prohibitions and consent regimes for activities on land to which the Regulations apply: offences for failing to follow directions, disturbing sites or bringing digging, lifting equipment or explosives without prior approval (regulations 6-7); a detailed list of activities that require written consent including ground disturbance, removal of vegetation, vehicle use, camping, and commercial photography (regulation 10).
Establish administrative timeframes and procedural steps for Committee consideration of notices under the Act and Ministerial decisions and reviews connected to s 18 and s 18A of the Act (regulations 14-20). These include defined response windows (for example, Committee must submit recommendations within 70 days; Minister to decide within 28 days) and limits on extensions (regulation 14(4)-(6), regulation 17).
Set up Committee governance, appointment, conflicts and meeting procedures: nomination advertising, terms of office, casual vacancy and removal rules, conflicts disclosure and voting disqualification rules (regulations 22-43).

CrestWestern Australia

Aboriginal Heritage Act 1972

Aboriginal Heritage Regulations 1974

Western Australia

Aboriginal Heritage Regulations 1974

Contents

Part 1 — Preliminary

Citation 1
Terms used 1

Part 2 — General provisions relating to Aboriginal sites, protected areas and other land

Application 2
Minister’s powers 2
Minister may prohibit access to areas 3
Offences 3
Approval required before plant, etc. brought onto land 4
Persons may be removed from land 5
Activities requiring consent 5
Powers of warden, and certificate (section 50) 6
Authorised officer to have certificate 7

Part 3 — Consent to certain uses, and call‑in of reviews

Definition of native title party for s. 18(1AA) of Act 8
Notices under s. 18(2) of Act 10
Review under s. 18(5) of Act 11
New information under s. 18(6) of Act 11
Time limit for giving call‑in directions 12
Time limit for making submissions under s. 18A(7) of Act 12
Time limit for making determination under s. 18A(9) of Act 12
Notice of change in ownership of land 13

Part 4 — Committee procedures

Division 1 — General

Terms used 14

Division 2 — Constitution of Committee

Nominations of persons for appointment as Committee members 14
Term of office 15
Casual vacancies 15
Leave of absence 16
Alternate members 17
Acting chairperson or chairpersons 17
Subcommittees 18

Division 3 — Conflicts of interest

Term used: relevant member 19
Disclosure of interest 19
Voting by interested member 20
Regulation 31 may be declared inapplicable 21
Minister may deal with matter or reduce quorum if no quorum due to application of regulation 31 21
Minister may declare regulation 31 inapplicable 22

Division 4 — Committee meetings and procedures

Holding meetings 22
CEO may attend meetings 23
Quorum 23
Presiding members 23
Voting 24
Holding meetings remotely 24
Resolution without meeting 24
Minutes 25
Execution of documents 25

Part 5 — Darrajayin protected area (s. 26)

Terms used 26
General prohibition of activities in Darrajayin protected area 27
Exception to prohibition for registered native title body corporate and common law holders of native title 27
Exception to prohibition for pastoral lessee 28

Schedule

Notes

Compilation table 33

Editorial changes table 34

Other notes 34

Defined terms

Aboriginal Heritage Act 1972

Aboriginal Heritage Regulations 1974

Part 1 — Preliminary

[Heading inserted: SL 2023/173 r. 4.]

1. Citation

These regulations may be cited as the Aboriginal Heritage Regulations 1974.

[Regulation 1 amended: Gazette 30 Jun 1995 p. 2783.]

2. Terms used

In these regulations —

AH management system means a system, provided via the Department’s website, for the giving or publishing of notices and other information, and for facilitating other processes under the Act;

CEO means the chief executive officer of the Department;

Committee member —

(a) means a member of the Committee appointed under section 29(1) of the Act; and

(b) has a meaning affected by regulation 26(3) and (4);

Department’s website means a website maintained by, or on behalf of, the Department;

warden means an honorary warden appointed by the Minister under section 50 of the Act.

[Regulation 2 inserted: Gazette 30 Jun 1995 p. 2783; amended: SL 2023/173 r. 5.]

Part 2 — General provisions relating to Aboriginal sites, protected areas and other land

[Heading inserted: SL 2023/173 r. 6.]

3. Application

The provisions of this Part —

(a) apply in relation to any Aboriginal site or protected area or land held subject to a covenant in favour of the Minister in relation to which the Minister has a duty under the Act;

(b) do not affect the rights of any person of Aboriginal descent who usually lives subject to Aboriginal customary law;

(c) do not apply to any traditional custodian or Committee member, to the Minister, the Registrar, any officer of the Department, or to any person duly authorised under the Act, whilst lawfully acting in the performance of their duties in relation to any land or buildings to which the provisions of this Part apply.

[Regulation 3 amended: Gazette 30 Jun 1995 p. 2783‑4; SL 2023/173 r. 7.]

4. Minister’s powers

The Minister —

(a) may determine to what protected areas or portion of a protected area the public, or any person or class of persons specified by the Minister, shall be admitted and the conditions upon which admittance shall be allowed; and

(b) may restrict access to any protected area, or any portion thereof, either generally or in relation to a specified person or class of persons, at any time, whether otherwise open to admission or not.

[Regulation 4 amended: Gazette 30 Jun 1995 p. 2784.]

5. Minister may prohibit access to areas

(1) The Minister may, by notice —

(a) served personally; or

(b) erected or displayed in a prominent position on or near that land; or

prohibit access to any protected area, or any portion thereof, either generally or in relation to any specified person or class of persons, and any such prohibition may vary as to time, circumstance or otherwise as specified in the notice.

(2) A person shall not, without the consent of the Minister or the Registrar, enter or remain on any protected area to which the public is not admitted or contrary to the conditions upon which the public is admitted, or contrary to the provisions of a notice given under subregulation (1).

Penalty for this subregulation: a fine of $1 000.

[Regulation 5 amended: Gazette 30 Jun 1995 p. 2784; SL 2023/173 r. 8.]

6. Offences

Whilst on any land to which these regulations apply a person who —

(a) fails to obey any reasonable direction of the Minister, the Registrar, or any officer of the Department or a warden; or

(b) wilfully obstructs the Minister, the Registrar, or any officer of the Department or a warden in the execution of their duty, or fails or refuses to state the person’s name and address when lawfully required to do so, or states a false name or address, or fails or refuses to leave that land when required to do so; or

(c) behaves in a disorderly manner, or uses violent or abusive or offensive language, or creates or takes part in any disturbance, or causes a nuisance, or wilfully disturbs or annoys any other person in the proper use of that land, or permits any animal belonging to the person or under the person’s control to enter upon or cause damage to any land; or

(d) without the consent of the Minister or the Registrar, handles, marks, defaces, moves, disturbs, uncovers, damages, destroys, or removes any specimen, relic, artifact, inscription, arrangement, or other object or exhibit in the possession or care of the Minister, or wilfully disturbs the general surrounding environment,

commits an offence.

Penalty: a fine of $1 000.

[Regulation 6 amended: Gazette 30 Jun 1995 p. 2784; SL 2023/173 r. 9.]

7. Approval required before plant, etc. brought onto land

A person who, except under and in accordance with the prior approval of the Minister or the Registrar, brings on to any land to which these regulations apply any digging equipment, lifting equipment, or explosive, commits an offence.

Penalty: a fine of $1 000.

[Regulation 7 amended: Gazette 30 Jun 1995 p. 2785; SL 2023/173 r. 10.]

8. Persons may be removed from land

The Minister, the Registrar, or any officer of the Department, or a warden, with such assistants as they think necessary, may remove from any land to which these regulations apply —

(a) any person behaving in a disorderly manner;

(b) any person who appears to be intoxicated;

(c) any person who appears to be using the land for any unlawful purpose or for a purpose contrary to the objects of the Act;

(d) any person who has committed a breach of these regulations if it appears that their continued presence may lead to a further breach of the regulations.

[Regulation 8 amended: Gazette 30 Jun 1995 p. 2785; SL 2023/173 r. 11.]

[9. Deleted: SL 2023/173 r. 12.]

10. Activities requiring consent

On any land to which these regulations apply, a person shall not, without the written consent of the Minister or the Registrar or a person authorised in writing by the Minister or the Registrar —

(a) alter, damage, or destroy any notice, boundary, fence, shelter, grille, cutting, drain, protective work or other thing which the Registrar or any officer of the Department has, or has caused to be, erected, constructed, made or placed thereon or therein; or

(b) dig any hole or otherwise disturb the surface of the ground, or remove or disturb any stone, soil, sand, rock or gravel, or any other natural object; or

(c) cut, pick, pull, break, remove, take, injure, poison, strip or destroy any tree, shrub, herb, grass or other plant or part thereof whether living or dead; or

(d) post, stick, stamp, stencil, paint, draw or otherwise affix or make any mark, symbol, lettering, notice, advertisement poster, sign or document of any description; or

(e) except in a place approved or provided for the purpose —

(i) drive, tow, operate or park any vehicle; or

(ii) camp, erect tents or shelters, light fires or make fireplaces; or

(iii) deposit or leave any refuse, rubbish or litter; or

(iv) take, ride or drive, graze or agist any horse, cattle, sheep, goat, camel, donkey or pig, or allow any such animal to remain;

(f) sell any food, beverage or other article; or

(g) unlock, unfasten or leave open any gate unless duly authorised to do so; or

(h) except with the prior written approval of the Minister, or the Registrar, and in accordance with such requirements as they may impose, take any photograph or make any recording for the purpose of commercial reproduction or publication.

Penalty: a fine of $2 000.

[Regulation 10 amended: Gazette 30 Jun 1995 p. 2785; SL 2023/173 r. 13.]

11. Powers of warden, and certificate (section 50)

(1) For the purposes of section 50(1) of the Act, the powers of a warden are those set out in the Act and these regulations, limited according to the terms of their appointment.

(2) For the purposes of section 50(2) of the Act, a warden shall be furnished with a certificate in the form of Form 1 set out in the Schedule.

[Regulation 11 inserted: Gazette 30 Jun 1995 p. 2785; amended: SL 2023/173 r. 14.]

12. Authorised officer to have certificate

An officer of the Department, authorised to administer the provisions of the Act in respect to Aboriginal sites, shall be furnished with a certificate in the form of Form 2, set out in the Schedule.

[Regulation 12 inserted: Gazette 29 Oct 1976 p. 4178; amended: Gazette 30 Jun 1995 p. 2785.]

Part 3 — Consent to certain uses, and call‑in of reviews

[Heading inserted: SL 2023/173 r. 15.]

13. Definition of native title party for s. 18(1AA) of Act

(1) In this regulation —

Badimia land dataset means the geographical information systems spatial dataset titled “WA_BLACA_20231025.shp” that was held by the CEO on 25 October 2023;

Murujuga land dataset means the geographical information systems spatial dataset titled “WA_MACA_20231025.shp” that was held by the CEO on 25 October 2023;

representative body has the meaning given in the Native Title Act 1993 (Commonwealth) section 253;

representative body area, in relation to a representative body, means the area in relation to which the body is recognised under the Native Title Act 1993 (Commonwealth) section 203AD;

service provider means a body to which funding is made available under the Native Title Act 1993 (Commonwealth) section 203FE;

specified area, in relation to a service provider, means the specified area referred to in the Native Title Act 1993 (Commonwealth) section 203FE in respect of which the service provider is enabled to perform functions as described in that section.

(2) This regulation has effect for the purposes of paragraph (d) of the definition of native title party in section 18(1AA) of the Act.

(3) Murujuga Aboriginal Corporation (ABN 51 627 395 274) is prescribed in relation to land in the area described in the Murujuga land dataset.

(4) Badimia Land Aboriginal Corporation (ABN 31 775 861 208) is prescribed in relation to land (the relevant land) if —

(a) the relevant land is in the area described in the Badimia land dataset; and

(b) there is no other native title party in relation to the relevant land under paragraph (a), (b) or (c) of the definition of native title party in section 18(1AA) of the Act.

(5) A body listed in the Table to this subregulation is prescribed in relation to land (the relevant land) if —

(a) the relevant land is in the specified area or representative body area for the body (as is relevant); and

(b) there is no other native title party in relation to the relevant land.

Table

Service providers
Central Desert Native Title Services Limited (ABN 53 124 921 811) NTS Goldfields Ltd (ABN 54 635 417 042)
Representative bodies
Kimberley Land Council Aboriginal Corporation (ICN 21) Yamatji Marlpa Aboriginal Corporation (ICN 2001)

(6) The CEO must ensure that the Badimia land dataset and the Murujuga land dataset are publicly available on the Department’s website.

[Regulation 13 inserted: SL 2023/173 r. 15.]

14. Notices under s. 18(2) of Act

(1) If the owner of any land proposes to give the Committee notice under section 18(2) of the Act, they must do so by using the AH management system or in another manner approved by the Minister.

(2) If the owner of any land gives notice to the Committee under section 18(2) of the Act, the Committee may, for the purposes of that subsection, request further information from the owner and the owner must comply with the request within 14 days after the day on which notice of the request is given to the owner.

(3) The Committee may extend the time limit under subregulation (2), but only once in any particular case.

(4) If the owner of any land gives notice to the Committee under section 18(2) of the Act, the Committee must submit the notice, with recommendations, to the Minister within 70 days after the day on which the notice is given to the Committee.

(5) The Minister may extend the time limit under subregulation (4) by up to 30 days, but only once in any particular case.

(6) If the Committee requests further information under subregulation (2), the number of days allowed for it to comply with subregulation (4) does not include, for each occasion on which it requests further information under subregulation (2) —

(a) the day on which it requests the information; and

(b) each subsequent day on which the request is not complied with, up to the maximum number of days allowed for compliance with the request.

(7) If a notice is submitted to the Minister under section 18(2) of the Act, the Minister must make a decision under section 18(3) of the Act within 28 days after the day on which the notice is submitted, or as soon as practicable after that.

[Regulation 14 inserted: SL 2023/173 r. 15.]

15. Review under s. 18(5) of Act

(1) If a person proposes to apply, under section 18(5) of the Act, for review of a decision, they must do so within 28 days after the day on which the Minister publishes notice of the decision under section 18(3A) of the Act.

(2) A judicial member of the State Administrative Tribunal may, in a particular case, extend the time limit under subregulation (1) if satisfied that the circumstances of the application so require, whether or not the time limit has expired.

(3) In subregulation (2) —

judicial member has the meaning given in the State Administrative Tribunal Act 2004 section 3(1).

[Regulation 15 inserted: SL 2023/173 r. 15.]

16. New information under s. 18(6) of Act

(1) If, under a condition imposed by section 18(6) of the Act, an owner is required to notify the Minister of new information, the owner must —

(a) notify the Minister of the new information within 21 days after the day on which the owner becomes aware of the new information; and

(b) do so by using the AH management system or in another manner approved by the Minister.

(2) If the Minister must make a decision under section 18(6A) of the Act because of section 18(6B) of the Act, the Minister must do so within 28 days after the day on which the Minister becomes aware of the new information, or as soon as practicable after that.

(3) If the owner referred to in subregulation (1) became aware of the new information before commencement day, the owner is taken to comply with subregulation (1)(a) if they notify the Minister of the new information within 21 days after commencement day.

(4) In subregulation (3) —

commencement day means the day on which the Aboriginal Heritage Amendment Regulations 2023 regulation 15 comes into operation.

[Regulation 16 inserted: SL 2023/173 r. 15.]

17. Time limit for giving call‑in directions

For the purposes of section 18A(4)(a) of the Act, the longer period is 28 days.

[Regulation 17 inserted: SL 2023/173 r. 15.]

18. Time limit for making submissions under s. 18A(7) of Act

(1) If a person proposes to make a submission under section 18A(7) of the Act in relation to an application, they must do so within 28 days after the day on which section 18A(5)(a) of the Act is complied with.

(2) The Premier may extend the time limit under subregulation (1), but only once in any particular case.

[Regulation 18 inserted: SL 2023/173 r. 15.]

19. Time limit for making determination under s. 18A(9) of Act

(1) If the Premier gives a direction under section 18A(3)(a) of the Act, the Premier must determine the application within 28 days after the last day on which a submission may be made under section 18A(7) of the Act, or as soon as practicable after that.

(2) If the Premier gives a direction under section 18A(3)(b) of the Act, the Premier must determine the application within 28 days after the day on which the application, with recommendations, is referred to the Premier, or as soon as practicable after that.

[Regulation 19 inserted: SL 2023/173 r. 15.]

20. Notice of change in ownership of land

(1) For the purposes of section 18B(2) of the Act, the period is 14 days after the day on which the change in ownership occurred.

(2) A notice under section 18B(2) of the Act must include —

(a) a copy of the consent; and

(b) the name and contact details of each owner of the land; and

(3) An owner of land who is required to give a notice under section 18B(2) of the Act must, within 28 days after the day on which the change in ownership occurred, give a copy of the notice to —

(a) the Committee; and

(b) any native title party in relation to the land.

Penalty for this subregulation: a fine of $1 000.

(4) In subregulation (3) —

native title party, in relation to land, has the meaning given in section 18(1AA) of the Act.

[Regulation 20 inserted: SL 2023/173 r. 15.]

Part 4 — Committee procedures

[Heading inserted: SL 2023/173 r. 15.]

Division 1 — General

[Heading inserted: SL 2023/173 r. 15.]

21. Terms used

In this Part —

chairperson —

(a) means a person appointed to be a member of the Committee under section 29(1)(a) of the Act; and

(b) has a meaning affected by regulation 27(3) and (4);

subcommittee has the meaning given in section 31(2) of the Act.

[Regulation 21 inserted: SL 2023/173 r. 15.]

Division 2 — Constitution of Committee

[Heading inserted: SL 2023/173 r. 15.]

22. Nominations of persons for appointment as Committee members

(1) Before appointing a person as a Committee member under section 29(1) of the Act, the Minister must publish an advertisement seeking nominations of persons for appointment as members.

(2) The advertisement —

(a) must be published for at least 14 days on a website maintained by, or on behalf of, the Committee; and

(b) may be published in any other manner that the Minister considers appropriate.

[Regulation 22 inserted: SL 2023/173 r. 15.]

23. Term of office

(1) A Committee member holds office for the term specified in the member’s instrument of appointment.

(2) The term of office specified in an instrument of appointment must not exceed 5 years.

(3) A person’s eligibility for appointment as a Committee member or the term for which a person may be reappointed is not affected by an earlier appointment.

(4) A Committee member whose term of office expires without a person having been appointed to fill the vacancy continues in office (unless the office of the member becomes vacant under regulation 24(2)) until whichever of the following happens first —

(a) a person is appointed to fill the vacancy;

(b) a period of 6 months elapses after the expiry of the term of office.

[Regulation 23 inserted: SL 2023/173 r. 15.]

24. Casual vacancies

(1) In this regulation —

misconduct, in relation to a Committee member, includes conduct that renders the member unfit to hold office as a member even though the conduct does not relate to a duty of the office.

(2) The office of a Committee member becomes vacant if the member —

(a) dies; or

(b) resigns under subregulation (3); or

(c) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(d) is convicted of an offence punishable by imprisonment for more than 12 months; or

(e) is convicted of an offence under regulation 30(1) or (2); or

(f) is removed from office by the Minister under subregulation (5).

(3) A Committee member may resign from office by written notice given to the Minister.

(4) The resignation takes effect on the later of the following —

(a) receipt of the notice by the Minister;

(b) the day specified in the notice.

(5) The Minister may remove a Committee member from office on the grounds of —

(a) neglect of duty; or

(b) misconduct or incompetence; or

(d) absence, without leave, from 3 consecutive meetings of the Committee of which the member has had notice.

[Regulation 24 inserted: SL 2023/173 r. 15.]

25. Leave of absence

(1) The Committee may, on the terms and conditions determined by the Committee, grant a Committee member leave to be absent from office for a period not exceeding 2 months.

(2) The Minister may, on the terms and conditions determined by the Minister, grant a Committee member leave to be absent from office for a period exceeding 2 months.

[Regulation 25 inserted: SL 2023/173 r. 15.]

26. Alternate members

(1) If a Committee member other than a chairperson is unable or unavailable to act because of illness, absence or other cause, the Minister may appoint another person as an alternate member to act temporarily in the member’s place.

(2) If a Committee member is acting as a chairperson under regulation 27(2), the Minister may appoint another person as an alternate member to act in the member’s place while the member is acting as a chairperson.

(3) In regulations 33(1)(b), 35(3), 37(2), 38(3) and (4), 39(1) and (3) and 42(2)(a) a reference to a Committee member includes a reference to an alternate member acting in accordance with an appointment under this regulation.

(4) While acting in accordance with an appointment under this regulation, the alternate member is taken to be, and to have any entitlement of, a Committee member.

(5) An act or omission of an alternate member cannot be questioned on the ground that the occasion for the appointment or acting had not arisen or had ceased.

[Regulation 26 inserted: SL 2023/173 r. 15.]

27. Acting chairperson or chairpersons

(1) If 1 or both chairpersons of the Committee are unable or unavailable to act because of illness, absence or other cause, or if there are no chairpersons or there is only 1 chairperson, the Committee may recommend to the Minister that a member or members of the Committee act as chairperson or chairpersons.

(2) If a recommendation is made under subregulation (1), the Minister may —

(a) appoint the recommended member or members of the Committee to act temporarily as chairperson or chairpersons; or

(b) appoint another member or other members of the Committee to act temporarily as chairperson or chairpersons.

(3) In regulations 35 and 38 a reference to a chairperson includes a reference to a person acting as a chairperson in accordance with an appointment under subregulation (2).

(4) While acting in accordance with an appointment under subregulation (2), the member acting as a chairperson is taken to be, and to have any entitlement of, a chairperson.

(5) An act or omission of a Committee member acting as a chairperson cannot be questioned on the ground that the occasion to act had not arisen or had ceased.

[Regulation 27 inserted: SL 2023/173 r. 15.]

28. Subcommittees

(1) The Committee may establish subcommittees to assist it in performing its functions.

(2) The Committee may discharge, alter or reconstitute a subcommittee.

(3) The Committee may —

(a) determine the functions, membership and constitution of a subcommittee; and

(b) appoint members of the Committee or other persons as it thinks fit to be members of a subcommittee.

(4) The Committee may give directions to a subcommittee on the following matters —

(a) the functions to be performed by the subcommittee;

(b) the subcommittee’s procedures;

(5) A subcommittee must comply with a direction of the Committee.

(6) A subcommittee may determine its own procedures but the procedures must be consistent with any direction of the Committee.

(7) A subcommittee must —

(a) keep minutes of its meetings to a standard approved by the Committee; and

(b) provide the Committee with a copy of the minutes of each meeting.

[Regulation 28 inserted: SL 2023/173 r. 15.]

Division 3 — Conflicts of interest

[Heading inserted: SL 2023/173 r. 15.]

29. Term used: relevant member

In this Division —

relevant member means —

(a) a Committee member; and

(b) an alternate member acting under regulation 26; and

[Regulation 29 inserted: SL 2023/173 r. 15.]

30. Disclosure of interest

(1) A relevant member who has a material personal interest in a matter being considered or about to be considered by the Committee must, as soon as possible after the relevant facts have come to the relevant member’s knowledge, disclose the nature and extent of the interest to the Committee.

Penalty for this subregulation: a fine of $1 000.

(2) A member of a subcommittee who has a material personal interest in a matter being considered or about to be considered by the subcommittee must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature and extent of the interest to the subcommittee.

Penalty for this subregulation: a fine of $1 000.

(3) Subregulation (2) applies to a person who is a member of a subcommittee and also a relevant member even if the person has already disclosed the nature of the interest to the Committee.

(4) If a relevant member, or a member of a subcommittee, has a material personal interest in a matter being considered or about to be considered by the Committee or a subcommittee, as is relevant, a chairperson, or, if relevant, a person presiding at a meeting where the matter is being considered or about to be considered, may call on the member to disclose the nature and extent of the interest and, in default of any such disclosure, may determine that the member has the interest.

(5) A disclosure under subregulation (1) or (2) or a determination under subregulation (4) must be made at, and recorded in the minutes of —

(a) the meeting in which the matter is being considered or about to be considered; or

(b) if there is no such meeting, the next meeting of the Committee or the subcommittee, as is relevant.

[Regulation 30 inserted: SL 2023/173 r. 15.]

31. Voting by interested member

(1) A relevant member, or a member of a subcommittee, who has a material personal interest in a matter being considered or about to be considered by the Committee or a subcommittee, as is relevant —

(a) must not vote (whether at a meeting or otherwise) on the matter; and

(b) must not be in attendance (whether in person or remotely) while the matter is being considered at a meeting.

(2) A reference in subregulation (1)(a) or (b) to a matter includes a reference to a proposed resolution under regulation 32 in respect of the matter, whether relating to that member or a different member.

[Regulation 31 inserted: SL 2023/173 r. 15.]

32. Regulation 31 may be declared inapplicable

Regulation 31 does not apply if —

(a) a relevant member, or a member of a subcommittee, has disclosed under regulation 30 an interest in a matter; and

(b) the Committee or subcommittee, as is relevant, has at any time passed a resolution that —

(i) specifies the member, the interest and the matter; and

(ii) states that the members voting for the resolution are satisfied that the interest is so trivial or insignificant as to be unlikely to influence the disclosing member’s conduct and should not disqualify the member from considering or voting on the matter.

[Regulation 32 inserted: SL 2023/173 r. 15.]

33. Minister may deal with matter or reduce quorum if no quorum due to application of regulation 31

(1) If a quorum of the Committee, as provided under regulation 37(2), is not present during the consideration of a matter because a relevant member is disqualified under regulation 31 in relation to the matter, the Minister may —

(a) deal with the matter insofar as the Committee cannot; or

(b) reduce the number of Committee members required for a quorum in relation to the matter.

(2) However, the Minister cannot deal, under subregulation (1)(a), with a matter that relates to the performance of a function of the Committee in relation to either of the following —

(a) a particular person or matter;

(b) the giving of advice, or making of a recommendation, to the Minister under the Act.

[Regulation 33 inserted: SL 2023/173 r. 15.]

34. Minister may declare regulation 31 inapplicable

(1) The Minister may by an instrument in writing declare that regulation 31 does not apply in relation to a specified matter either generally or in voting on particular resolutions.

(2) The Minister must cause a copy of the declaration to be laid before each House of Parliament within 14 sitting days after the declaration is made.

[Regulation 34 inserted: SL 2023/173 r. 15.]

Division 4 — Committee meetings and procedures

[Heading inserted: SL 2023/173 r. 15.]

35. Holding meetings

(1) The first meeting of the Committee must be convened by both chairpersons, and subsequent meetings are to be held at times and places determined by the Committee, unless the meeting is convened under subregulation (2) or (3).

(2) A special meeting of the Committee may at any time be convened by the Minister, a chairperson, or both chairpersons.

(3) If at least half the number of Committee members in office give notice in writing to a chairperson requesting the chairperson to convene a meeting in relation to any matter, the chairperson must convene a meeting to be held within 14 days after the request is made.

[Regulation 35 inserted: SL 2023/173 r. 15.]

36. CEO may attend meetings

The CEO, or a nominee of the CEO, is entitled to attend any meeting of the Committee and participate in its deliberations, but cannot vote at a meeting of the Committee.

[Regulation 36 inserted: SL 2023/173 r. 15.]

37. Quorum

(1) A meeting of the Committee cannot proceed unless a quorum is present.

(2) A quorum of the Committee is formed by 5 Committee members.

[Regulation 37 inserted: SL 2023/173 r. 15.]

38. Presiding members

(1) Both chairpersons, if present at a meeting of the Committee, must preside jointly at the meeting.

(2) If 1 chairperson only is present at a meeting of the Committee, that chairperson must preside at the meeting.

(3) If there is no chairperson able or available to preside at a meeting, or at a part of a meeting, of the Committee, the Committee members present may elect 1 or 2 of their number to preside at the meeting, or the part of the meeting, as is relevant.

(4) In any case of dispute, doubt or difficulty in relation to matters of procedure or order, the decision of the Committee member, or members, presiding is final.

[Regulation 38 inserted: SL 2023/173 r. 15.]

39. Voting

(1) At a meeting of the Committee, each Committee member present has a deliberative vote unless regulation 31 prevents the member from voting.

(2) Questions arising at a meeting must be determined, in open voting, according to how a majority of votes are cast.

(3) In the case of an equality of votes being cast on any question, each Committee member presiding has a casting vote in addition to a deliberative vote.

(4) If, after votes are cast on a question under subregulation (3), there is still an equality of votes, the question is determined in the negative.

[Regulation 39 inserted: SL 2023/173 r. 15.]

40. Holding meetings remotely

The presence of a person at a meeting of the Committee need not be by attendance in person but may be by that person and each other person at the meeting being simultaneously in contact by telephone, audiovisual communication or other means of instantaneous communication.

[Regulation 40 inserted: SL 2023/173 r. 15.]

41. Resolution without meeting

A resolution in writing signed or otherwise assented to in writing by a quorum of the Committee, as provided under regulation 37(2), has the same effect as if it had been passed at a meeting of the Committee, and must be recorded in the minutes of the Committee’s next meeting.

[Regulation 41 inserted: SL 2023/173 r. 15.]

42. Minutes

(1) The Committee must cause accurate minutes to be kept of the proceedings at each of its meetings and each meeting of a subcommittee.

(2) Without limiting subregulation (1), the minutes must —

(a) record that a Committee member or a member of a subcommittee, as is relevant, abstained from voting on or voted for or against a resolution if the member so requests; and

(b) include a record of attendance.

[Regulation 42 inserted: SL 2023/173 r. 15.]

43. Execution of documents

(1) A document is duly executed by the Committee if it is signed on behalf of the Committee by —

(a) 2 Committee members authorised to do so under subregulation (2)(a); or

(b) an officer or employee authorised to do so under subregulation (2)(b).

(2) The Committee may authorise any of the following persons to sign documents on behalf of the Committee, either generally or subject to the conditions that are specified in the authorisation —

(a) a Committee member;

(b) an officer of, or employee employed in, the Department.

(3) A document purporting to be executed in accordance with this regulation is presumed to be duly executed unless the contrary is shown.

[Regulation 43 inserted: SL 2023/173 r. 15.]

Part 5 — Darrajayin protected area (s. 26)

[Heading inserted: SL 2026/15 r. 4.]

44. Terms used

In this Part —

common law holder has the meaning given in the Native Title Act 1993 (Commonwealth) section 56;

Darrajayin protected area means the area declared to be a protected area by the Aboriginal Heritage (Darrajayin Protected Area) Order 2026;

native title has the meaning given in the Native Title Act 1993 (Commonwealth) section 223;

native title rights and interests has the meaning given in the Native Title Act 1993 (Commonwealth) section 223;

pastoral lease has the meaning given in the Native Title Act 1993 (Commonwealth) section 248;

pastoral lessee means a lessee, or any sublessee of a lessee, under a pastoral lease;

pastoral purposes has the meaning given in the Land Administration Act 1997 section 93;

registered native title body corporate has the meaning given in the Native Title Act 1993 (Commonwealth) section 253;

Table 1 area means a part of the Darrajayin protected area referred to in the Aboriginal Heritage (Darrajayin Protected Area) Order 2026 clause 3 Table 1;

Table 2 area means a part of the Darrajayin protected area referred to in the Aboriginal Heritage (Darrajayin Protected Area) Order 2026 clause 3 Table 2;

Table 3 area means a part of the Darrajayin protected area referred to in the Aboriginal Heritage (Darrajayin Protected Area) Order 2026 clause 3 Table 3.

[Regulation 44 inserted: SL 2026/15 r. 4.]

45. General prohibition of activities in Darrajayin protected area

Subject to section 7(1)(a) of the Act, the following are prohibited in the Darrajayin protected area —

(a) persons entering or remaining within the area;

(b) the use of vehicles, explosives, instruments, tools, and equipment of any kind;

(c) damage or destruction to vegetation, the working of the land, or the disturbance of the surface or the subsoil within the area.

[Regulation 45 inserted: SL 2026/15 r. 4.]

46. Exception to prohibition for registered native title body corporate and common law holders of native title

(1) In this regulation —

authorised act means the following —

(a) the exercise of native title rights and interests;

(b) the erection or maintenance of educational signage;

(d) the erection or maintenance of fencing in or around a Table 2 area or a Table 3 area with the written consent of a pastoral lessee under a pastoral lease over the area;

authorised person, in relation to an area, means the following —

(a) a registered native title body corporate holding native title in respect of the area;

(b) an officer, director, employee, contractor, invitee or agent of the registered native title body corporate;

(d) an invitee of a common law holder referred to in paragraph (c).

(2) Regulation 45 does not prohibit an authorised person from doing —

(a) an authorised act; or

(b) anything reasonably necessary to do an authorised act.

[Regulation 46 inserted: SL 2026/15 r. 4.]

47. Exception to prohibition for pastoral lessee

(1) In this regulation —

authorised act means the following —

(a) the retrieval of livestock from a Table 1 area;

(b) responding to an imminent threat to property or the environment that, or the health, safety or welfare of a person who, is in or near a Table 1 area;

(d) the installation of infrastructure in, or the relocation of infrastructure in or to, a Table 2 area with the written consent of a registered native title body corporate holding native title in respect of the area;

authorised person, in relation to an area, means the following —

(a) a pastoral lessee under a pastoral lease over the area;

(b) an employee, contractor, invitee or agent of the pastoral lessee;

(2) Regulation 45 does not prohibit an authorised person from doing —

(a) an authorised act; or

(b) anything reasonably necessary to do an authorised act.

(3) Subregulation (2) disapplies the prohibition in regulation 45(c) of the disturbance of the surface or the subsoil within an area only to the extent that the disturbance is reasonably necessary to comply with the Land Administration Act 1997 section 107.

[Regulation 47 inserted: SL 2026/15 r. 4.]

Schedule

Form 1

ABORIGINAL HERITAGE ACT 1972

[s. 50 and r. 11(2)]

HONORARY WARDEN

Name ......................................................................................................................

of (Address) ...........................................................................................................

is hereby certified to have been appointed as an honorary warden by the Minister in relation to —

Area in which the warden is authorised to act.	View image in the official source	.....................................................................................<br>.....................................................................................<br>.....................................................................................

The validity of this certificate expires on ..............................................................

(Date)

(Photo)	[Seal of Minister]

.............................................................

Signature of warden

[Form 1 inserted: Gazette 30 Jun 1995 p. 2786; amended: SL 2023/173 r. 16(1).]

Form 2

ABORIGINAL HERITAGE ACT 1972

[r. 12]

TO WHOM IT MAY CONCERN

This is to certify that ..............................................................................................

................................................................................................................................

is an officer of the [name of Department] and that they are empowered to administer the Aboriginal Heritage Act 1972, and the regulations made under that Act.

.............................................<br>Chief Executive Officer<br>.................................................<br>Registrar of Aboriginal Sites<br>........................................<br>Date	(Photo)

Officer’s signature ............................................

[Form 2 inserted: Gazette 30 Jun 1995 p. 2786; amended: SL 2023/173 r. 16(2).]

View image in the official source

Notes

This is a compilation of the Aboriginal Heritage Regulations 1974 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, or versions that include editorial changes made under the Legislation Act 2021 Part 3, see the compilation table. For provisions affected by editorial changes see the editorial changes table.

Compilation table

Citation	Published	Commencement
Aboriginal Heritage Act Regulations 1974 1, 2	26 Apr 1974 p. 1407‑8	26 Apr 1974
Untitled regulations	29 Oct 1976 p. 4178	29 Oct 1976
Aboriginal Heritage Amendment Regulations 1995	30 Jun 1995 p. 2783‑6	1 Jul 1995 (see r. 2 and Gazette 30 Jun 1995 p. 2781)
*Reprint of the Aboriginal Heritage Regulations 1974* as at 2 Oct 1996** (includes amendments listed above)
*Reprint 2: The Aboriginal Heritage Regulations 1974* as at 9 Jan 2004** (includes amendments listed above)
Aboriginal Heritage Amendment Regulations 2023	SL 2023/173 1 Nov 2023	15 Nov 2023 (see r. 2 and SL 2023/161 cl. 2)
Aboriginal Heritage Amendment Regulations 2026	SL 2026/15 20 Feb 2026	r. 1 and 2: 20 Feb 2026 (see r. 2(a)); Regulations other than r. 1 and 2: 23 Feb 2026 (see r. 2(b))
Aboriginal Heritage Regulations 1974 with editorial changes as at 16 Mar 2026

Editorial changes table

The Legislation Act 2021 Part 3 authorises the Parliamentary Counsel to make editorial changes to laws. This power cannot be used to change the effect of a law. If an editorial change is made to a law, the law has effect as if the change had been made by another law that amended the law and commenced on the day on which the change is made.

To see the editorial changes included in a version of a law, see the compare document for that version on the WA legislation website.

Provision/s affected	*Authorising provision of Legislation Act 2021* Part 3**	Effective date of change
s. 5(1)(a), 6(a) and (b) and 10(a) to (d), (e)(i), (ii) and (iv) and (f)	s. 32	16 Mar 2026
s. 47(3)	s. 34(2) (s. 34(1) minor error para (f))

Other notes

1 Now known as the Aboriginal Heritage Regulations 1974; citation changed (see note under r. 1).

2 The Aboriginal Cultural Heritage Act 2021 s. 311 (repealing these Regulations) was repealed by the Aboriginal Heritage Legislation Amendment and Repeal Act 2023 s. 3(1) before it came into operation.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

AH management system 2

authorised act 46(1), 47(1)

authorised person 46(1), 47(1)

Badimia land dataset 13(1)

CEO 2

chairperson 21

commencement day 16(4)

Committee member 2

common law holder 44

Darrajayin protected area 44

Department’s website 2

judicial member 15(3)

misconduct 24(1)

Murujuga land dataset 13(1)

native title 44

native title party 20(4)

native title rights and interests 44

pastoral lease 44

pastoral lessee 44

pastoral purposes 44

registered native title body corporate 44

relevant land 13(4) and (5)

relevant member 29

representative body 13(1)

representative body area 13(1)

service provider 13(1)

specified area 13(1)

subcommittee 21

Table 1 area 44

Table 2 area 44

Table 3 area 44

warden 2

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

By Authority: ROGER JACOBS, Acting Government Printer

Western Australia

Aboriginal Heritage Act 1972

Aboriginal Heritage Regulations 1974

Western Australia

Aboriginal Heritage Regulations 1974

Contents

Part 1 — Preliminary

Citation 1
Terms used 1

Part 2 — General provisions relating to Aboriginal sites, protected areas and other land

Application 2
Minister’s powers 2
Minister may prohibit access to areas 3
Offences 3
Approval required before plant, etc. brought onto land 4
Persons may be removed from land 5
Activities requiring consent 5
Powers of warden, and certificate (section 50) 6
Authorised officer to have certificate 7

Part 3 — Consent to certain uses, and call‑in of reviews

Definition of native title party for s. 18(1AA) of Act 8
Notices under s. 18(2) of Act 10
Review under s. 18(5) of Act 11
New information under s. 18(6) of Act 11
Time limit for giving call‑in directions 12
Time limit for making submissions under s. 18A(7) of Act 12
Time limit for making determination under s. 18A(9) of Act 12
Notice of change in ownership of land 13

Part 4 — Committee procedures

Division 1 — General

Terms used 14

Division 2 — Constitution of Committee

Nominations of persons for appointment as Committee members 14
Term of office 15
Casual vacancies 15
Leave of absence 16
Alternate members 17
Acting chairperson or chairpersons 17

Several recurring legal and administrative concepts structure the Regulations. Each embodies a mechanism that changes incentives and operational practice.

AH management system and digital-first process (regulations 2, 14, 16). The Regulations define an “AH management system” (regulation 2) and require or permit its use for giving notices under s 18(2) of the Act (regulation 14(1)) and for notifying “new information” (regulation 16(1)(b)). The system is a process control: it centralises receipt, tracking and publication of notices and is linked to tight timeframes (for example, owners must respond to Committee requests within 14 days , regulation 14(2)). This shifts administrative friction onto the system’s operation and users’ digital access.
Defined timeframes and single-extension rules (regulations 14-19). The Regulations specify multiple windows: owners must comply with information requests within 14 days (14(2)), the Committee has 70 days to submit recommendations (14(4)) with one 30‑day extension available to the Minister only (14(5)), and Ministerial decisions are expected within 28 days after submission (14(7)). For call‑in and review under s 18A, 28‑day periods are imposed (regulations 17-19). These deadlines create accelerated administrative tempo and potential bottlenecks for parties that must comply.
“Native title party” prescription (regulation 13). For s 18(1AA) of the Act the Regulations prescribe particular corporations and representative/service bodies and attach GIS datasets (Badimia and Murujuga datasets) to define where those bodies operate (regulation 13(3)-(6)). The CEO must publish those datasets (13(6)). The mechanistic effect is to convert spatial datasets into legal recognition for consultation and consent pathways.
Committee governance and conflict management (Part 4: regulations 21-43). The Regulations set nomination advertising, fixed maximum term (five years) for members (23(2)), quorum (five) (37(2)), disclosure and voting rules that remove members with material personal interests from deliberations (30-31), and a process allowing the Committee or the Minister to declare the disqualification provisions inapplicable in stated ways (32-34). These controls shape how advice and recommendations are formed and the degree to which conflicts can be managed or overridden.
Enforcement through wardens, authorised officers and penal fines (regulations 11-12, 5-8, 10). Wardens and authorised officers must carry prescribed certificates (11(2), 12) and may remove persons from protected lands (8). Specified offences carry fines of $1,000 or $2,000 depending on the breach (regulations 5(2), 6, 7, 10, 20(3), 30(1)-(2)). These create direct financial and liberty consequences for non-compliance and set who enforces the rules.
Site protection and consent scope (regulation 10). The Regulations detail activities that require written consent from the Minister, Registrar or an authorised delegate, bringing into scope a wide set of land uses from ground disturbance to commercial photography (regulation 10(a)-(h)). Those consenting powers become gating points for project planning.
Darrajayin protected area as special regime (Part 5: regulations 44-47). The Regulations introduce a protective framework specific to the Darrajayin area: a general prohibition (45), and carefully defined exceptions for authorised acts by registered native title bodies and pastoral lessees, with tightly defined authorised persons and acts (46-47). This creates a spatially-limited but legally strict regime that overrides many other permissions for those areas.

Each concept converts an abstract protection aim into procedural levers: public access control, mandatory digital filing, compressed decision timelines, prescribed parties for consultation, governance checks on committee composition, and criminal penalties for transgressions. Those levers change incentives for land owners, developers, consultants, pastoral lessees and native title bodies by forcing prior notification, consent-seeking, and faster decisions or risking monetary penalties and removal from land.

The Regulations allocate costs and decision rights among multiple categories of persons and entities. Identify who is required to act, who decides, and who pays.

Land owners and occupiers. Owners proposing activities that engage s 18(2) of the Act must give notices using the AH management system or another Minister-approved way (regulation 14(1)), respond to Committee information requests within 14 days (14(2)), submit new information within 21 days when required by a section 18(6) condition (regulation 16(1)(a)), and notify changes of ownership (regulation 20). Owners also face potential criminal fines: failing to comply with notice-service requirements to the Committee and native title parties carries a $1,000 fine (regulation 20(3)). They must obtain written consent for many on-site activities (regulation 10) and seek prior approval to bring digging equipment, lifting equipment or explosives onto land (regulation 7).
Native title parties and representative/service bodies. The Regulations prescribe specific corporations and representative bodies as “native title parties” for s 18(1AA) (regulation 13). These bodies gain formal status in consultation and are owed notices when ownership changes (regulation 20(3)). Registered native title bodies corporate are granted authorised rights in Darrajayin (regulation 46(1)-(2)) and have veto-like control over certain pastoral infrastructure movements (regulation 47(1)(d) requires written consent from registered native title body corporate for infrastructure relocation into Table 2 areas).
Committee members, chairpersons and the Committee as an institution. The Minister appoints Committee members after public advertisement (regulation 22). The Committee must process s 18 notices and make recommendations to the Minister within prescribed windows (regulation 14(4)). Committee members are subject to conflict disclosure, voting disqualification and removal provisions (regulations 29-34, 24). Committee processes (quorum, meetings, minutes) are tightly regulated (regulations 35-43).
Minister and Registrar. The Minister retains discretionary and operational powers: determining access rules to protected areas (regulation 4), issuing prohibition notices (regulation 5), extending time limits in limited circumstances (14(5)), removing Committee members for cause (24(5)), and declaring regulation 31 (disqualification from voting) inapplicable in specified cases (regulation 34). The Registrar also exercises control in authorising access and providing consents (regulation 5(2), regulation 10).
CEO and Department. The CEO maintains the AH management system and Department’s website (regulation 2), must publish specified spatial datasets (regulation 13(6)), and the CEO or nominee is entitled to attend Committee meetings without voting rights (regulation 36). Officers authorised to administer the Act must carry certificates (regulation 12).
Wardens and authorised officers. Wardens appointed under s 50 must be provided with certificates in the Schedule Form 1 and their powers are limited to their appointment (regulation 11). They, and authorised officers with Form 2 certificates, may remove persons from land (regulation 8) and enforce prohibitions (regulations 5-6).
Pastoral lessees. Pastoral lessees have narrow exceptions in the Darrajayin regime for activities such as retrieving livestock, responding to imminent threats to property or safety, using Table 2/3 areas for pastoral purposes permitted by lease, and installing or relocating infrastructure with written consent from registered native title bodies corporate (regulation 47). Those exceptions are subject to definitions referencing the Native Title Act 1993 and the Land Administration Act 1997 (regulation 44).
Commercial photographers, vendors and businesses. Commercial photography or recording for publication requires prior written approval (regulation 10(h)). Selling food or other articles on land requires consent (10(f)). Those commercial actors must engage the consent process or avoid prohibited activity.
Members of the public and visitors. The Minister may prohibit entry to protected areas or set conditions for admission (regulations 4-5). Persons who disobey reasonable directions of the Minister, Registrar or officers face fines (regulation 6).

Who pays and who decides. Financially, the primary immediate payers for non-compliance are individuals or entities that commit offences and incur statutory fines ($1,000 or $2,000) (regulations 5(2), 6, 7, 10, 20(3), 30(1)-(2)). Owners and proponents pay the compliance costs of preparing notices, responding to Committee information requests within short deadlines, using the AH management system and securing written consents. Decision-making rights are concentrated with the Minister, the Registrar, the Committee (recommendations), and the CEO for digital and publication functions.

This Part translates regulatory text into the operational duties, statutory rights and the procedural roadmap to act lawfully under the Regulations.

Duties , what specified persons must do

Use the AH management system for certain notices and for notifying new information (regulations 14(1), 16(1)(b)). Owners must comply with Committee requests for further information within 14 days (regulation 14(2)).
Owners must notify the Minister of new information within 21 days of becoming aware where a condition requires that (regulation 16(1)(a)), and notify changes in land ownership within 14 days (regulation 20(1)). Owners must provide a copy of the consent, owner contact details and date of the change in ownership in the notice (regulation 20(2)).
Committee must submit notices with recommendations to the Minister within 70 days of receiving notice under s 18(2) (regulation 14(4)). The Committee must keep accurate minutes and record disclosable interests and attendance (regulation 42).
Committee members and subcommittee members must disclose material personal interests as soon as possible and face fines for failure to disclose (regulations 30(1)-(2)). Disclosing members must abstain from voting and attendance on the matter (regulation 31).
First Committee meeting must be convened by both chairpersons and nominations for appointment must be publicly advertised at least 14 days prior (regulations 22, 35(1)).
Wardens and authorised officers must carry the prescribed certificates (regulations 11-12 and Schedule).

Rights , what specified persons may do

Registered native title bodies corporate and common law holders are permitted authorised acts within the Darrajayin protected area (regulation 46(2)) and are explicitly exempted from the general prohibition in specific respects (46(1)-(2)). The text identifies authorised acts such as exercising native title rights, erecting signage and fencing in Table 1 areas (46(1)(a)-(c)).
Pastoral lessees have specific authorised acts in Table 1-3 areas, including livestock retrieval and pastoral uses permitted by lease, and limited rights to install or relocate infrastructure with registered native title body corporate consent (regulation 47).
The Minister may exercise discretion to restrict access, or to vary prohibitions in notices, and may reduce quorum or deal with matters when quorum is not present because of disqualification (regulations 4, 5, 33).
The Committee may establish subcommittees, set procedures, and appoint alternates (regulations 28, 26).

Procedural duties tied to decision timelines

Minister must make decisions under s 18(3) of the Act within 28 days of notice submission or as soon as practicable thereafter (regulation 14(7)).
A person seeking review under s 18(5) must apply within 28 days of the Minister publishing notice of the decision (regulation 15(1)), and a judicial member of SAT may extend that time in certain circumstances (regulation 15(2)).
The Minister has only single extensions in particular steps: Committee may be granted only one extension of time to request further information (14(3)). The Minister may extend the Committee’s 70‑day window by up to 30 days, but only once (14(5)).

Consent gating and prohibited acts

A written consent is required before a wide range of site-impacting activities (regulation 10). Consent is required for damage to notices or protective works, ground disturbance, vegetation removal, vehicle use, camping and commercial photography (regulation 10(a)-(h)). The penalties for those breaches include fines of $2,000 (regulation 10 penalty).
Prior approval is required before bringing digging, lifting equipment or explosives onto land to which these regulations apply (regulation 7).

Enforcement rights

The Minister, Registrar, officers of the Department and wardens may remove persons from land for disorderly conduct, intoxication, unlawful use or breaches of the Regulations (regulation 8).
Wardens’ powers are those set out in the Act and the Regulations limited to their appointment terms (regulation 11(1)). Wardens and authorised officers must carry certificates (regulations 11-12).

Rights of publicity and data publication

The CEO must ensure that the Badimia and Murujuga land datasets are publicly available on the Department’s website (regulation 13(6)). This creates a right of public access to the prescribed GIS layers used to define native title party prescription.

Collectively, the duties constrain and sequence how owners, proponents and public authorities act. The rights create narrowly defined carve-outs (for native title bodies, pastoral lessees and the Minister) and give those actors defined legal powers to enter, to act or to enforce within the constraints of the Regulations.

The Regulations specify criminal penalties, enforcement agents, and procedural enforcement powers; those mechanisms allocate enforcement cost and create deterrence.

Monetary penalties

Fines of $1,000 apply to several breaches: entering or remaining on a protected area contrary to an access prohibition (regulation 5(2)); general offences specified in regulation 6 including failing to obey a reasonable direction, wilfully obstructing officers, refusing to state name and address, making false statements, and handling or removing objects in the Minister’s possession (regulation 6 penalty); failing to give notice of change of ownership to Committee and native title parties (regulation 20(3) prescribes a $1,000 fine); failure to disclose material personal interests by relevant members attracts a $1,000 fine (regulation 30(1)-(2)).
A higher fine of $2,000 applies to breaches of the activities-requiring-consent list in regulation 10. That list includes disturbing the surface of the ground, removing natural objects or plants, vehicle use, camping, and commercial photography without prior written approval.

Enforcement actors and powers

The Minister, Registrar, officers of the Department and wardens may remove persons from land for a range of conduct reasons (regulation 8). The Regulations permit removal with such assistants as thought necessary and list grounds for removal (disorderly behaviour, intoxication, unlawful use, or a breach likely to lead to further breaches).
Wardens’ powers are defined by the Act and the Regulations limited to the terms of appointment (regulation 11(1)). Wardens must be furnished with a certificate in Form 1 (regulation 11(2), Schedule). Authorised officers must carry Form 2 certificates (regulation 12).
The Minister may prohibit access to areas by notice, served personally, displayed on site, or published in the Gazette (regulation 5(1)). Entry contrary to such notice or contrary to conditions is a criminal offence (regulation 5(2)).

Procedural enforcement and administrative levers

The Committee can request further information from owners under regulation 14(2) and then make recommendations; failure to comply with information requests triggers the time counting consequences in regulation 14(6) and ultimately may affect the Minister’s ability to approve activities promptly.
Regulation 33 provides an enforcement/decision backstop for the Minister: if quorum cannot be achieved because members are disqualified under conflict rules (regulation 31), the Minister may deal with the matter insofar as the Committee cannot, or reduce the quorum for that matter (regulation 33(1)). However the Minister cannot use that power when the matter concerns performance of a function relating to a particular person or when the Committee’s function is giving advice or recommendations to the Minister (regulation 33(2)).
The Minister can declare regulation 31 inapplicable in relation to a specified matter either generally or for particular resolutions by instrument, but must lay the instrument before each House of Parliament within 14 sitting days (regulation 34).

Evidence and presumption

Documents are presumed to be duly executed by the Committee if signed in accordance with the execution rules (regulation 43). This presumption reduces evidentiary friction in enforcement and administrative transactions.

Practical enforcement implications

Enforcement power is distributed across the executive branch: Minister, Registrar, Department officers and wardens, with penalties calibrated depending on the gravity (disturbance/use vs. procedural failures). The Regulations lean on administrative compliance pathways (notices, AH management system, prescribed datasets) and on criminal fines for non-compliance. The statutory presumption and forms aim to streamline enforcement action by making it administratively easier to show authority (forms 1 and 2, regulation 43(3)).

The Regulations do not operate in isolation; they explicitly reference and import definitions and processes from other Western Australian and Commonwealth statutes. Interactions are definitional, procedural and spatial.

Native Title Act 1993 (Cth)

The Regulations treat terms from the Native Title Act as definitions used in Part 3 and Part 5. “Representative body,” “registered native title body corporate,” “common law holder,” “native title,” “native title rights and interests,” “pastoral lease,” and “pastoral lessee” are defined by reference to the Native Title Act (regulations 13(1), 44). Regulation 13 prescribes representative bodies and service providers under the Commonwealth Act to identify who qualifies as a native title party for s 18(1AA) of the WA Act.
The Darrajayin provisions (Part 5) explicitly rely on registered native title body corporate status (regulation 46) and on the Native Title Act’s concepts for common law holders and rights.

Land Administration Act 1997 (WA)

Regulation 47(3) disapplies in certain limited circumstances the prohibition on disturbance of surface or subsoil when disturbance is reasonably necessary to comply with Land Administration Act 1997 s 107. Regulation 44 defines “pastoral purposes” by reference to the Land Administration Act s 93.

State Administrative Tribunal Act 2004 (WA)

Regulation 15(3) adopts the SAT Act’s definition of “judicial member” for the limited purpose of allowing extension of time under regulation 15(2) in review applications under s 18(5) of the Act.

Aboriginal Heritage Act 1972 (WA)

The Regulations operationalise multiple sections of the Aboriginal Heritage Act: s 18 and its sub-sections (consent to certain land uses and call-in of reviews), s 18A (call-in directions and submissions), s 50 (appointment and powers of wardens) and s 26 (protected areas such as Darrajayin) are engaged throughout (see regulations 11, 13-20, 44-47). The Regulations therefore function as procedural and administrative adjuncts to the Act.

Compilation and amendment context

The compilation table and other notes state the regulatory history, including the Aboriginal Heritage Amendment Regulations 2023 (SL 2023/173) and the 2026 amendments (SL 2026/15), and note that the Aboriginal Cultural Heritage Act 2021 s 311, which would have repealed these Regulations, was itself repealed before coming into operation by the Aboriginal Heritage Legislation Amendment and Repeal Act 2023 s 3(1) (Other notes). Those historical items affect how the Regulations sit relative to other legislative reform attempts.

Practical interface issues

The Regulations require the CEO to publish specified GIS datasets tied to native title prescription (regulation 13(6)). That creates a link between spatial data governance and native title procedural rights, meaning land-use decision workflows must cross-reference Departmental GIS and Commonwealth native title boundaries.
The Darrajayin protections introduce a deep overlap with pastoral lease rights and native title rights, requiring written consents by registered native title bodies corporate for infrastructure relocations in certain Table areas (regulation 47(1)(d)) and allowing pastoral uses permitted by lease in Table 2 and 3 areas (regulation 47(1)(c)). Users must reconcile pastoral lease obligations under Land Administration Act and native title rights under Commonwealth law within the Darrajayin regulatory architecture.

In short, the Regulations import and rely on definitions and decision structures from Commonwealth native title law and WA land law. Compliance therefore requires cross-checking multiple statutory regimes and spatial datasets, and an awareness of which regime governs a particular activity.

The Regulations have been amended and recompiled multiple times. The compilation table in the instrument records key dates and statutory instruments that altered the Regulations.

Principal amendments and milestones recorded

Original Regulations: Aboriginal Heritage Act Regulations 1974, published 26 April 1974 (compilation table).
Untitled regulations: additions on 29 October 1976 (compilation table).
Aboriginal Heritage Amendment Regulations 1995: Gazette date 30 June 1995; came into operation 1 July 1995 (compilation table). That round inserted definitions and Form updates among other changes (see marginal notes).
Reprints: a reprint as at 2 October 1996 and a Reprint 2 as at 9 January 2004 were compiled (compilation table).
Aboriginal Heritage Amendment Regulations 2023 (SL 2023/173): made 1 November 2023, came into operation 15 November 2023 (compilation table). These amendments inserted substantial new Parts and procedures (the Part and regulations numbered with the 2023 SL citation appear throughout Part 3 and Part 4 in the current text).
Aboriginal Heritage Amendment Regulations 2026 (SL 2026/15): made 20 February 2026. Regulation 1 and 2 commenced on 20 February 2026, and the remainder of the Regulations commenced on 23 February 2026 (compilation table). These 2026 amendments inserted Part 5 , the Darrajayin protected area , and its specific provisions (regulations 44-47).

Editorial changes

The document’s editorial changes table notes that the Parliamentary Counsel made authorised editorial changes under the Legislation Act 2021 Part 3 to certain provisions, including regulation 5(1)(a), 6(a) and (b), and parts of regulation 10, effective 16 March 2026. It also notes a correction related to regulation 47(3) (editorial changes table). Those editorial adjustments do not change substantive policy but alter wording or cross-references for clarity.

Other legislative interactions and aborted repeals

The “Other notes” section records that the Aboriginal Cultural Heritage Act 2021 s 311 (which would have repealed these Regulations) was itself repealed by the Aboriginal Heritage Legislation Amendment and Repeal Act 2023 s 3(1) before it came into operation. That history explains why these Regulations remain operative despite earlier reform attempts.

Practical takeaway

The Regulations have been progressively modernised, most recently in 2023-2026, to add digital processes (AH management system), prescribed datasets, and the Darrajayin protected area regime. Those successive amendments concentrate on procedural standardisation, timeframes and the specific spatially-limited protection regime for Darrajayin. Users must consult the most recent SLs (2023/173 and 2026/15) and the compilation table for exact commencement dates and transitional effects.

The compilation and notes included with the Regulations do not list or record any litigation or reported court decisions arising from these Regulations. The instrument’s text contains no references to judicial interpretations, cases, or Tribunal decisions. The matter of judicial review is addressed procedurally , for example, time limits to apply for review under s 18(5) of the Act are set out (regulation 15) and the role of a judicial member of the State Administrative Tribunal to extend time is noted (15(2)) , but no litigation history or reported disputes are included in the Regulations compilation.

Practical implications of the absence of recorded litigation

Absence of recorded litigation in the compilation does not mean there have been no disputes in practice; it means this instrument does not include a litigation table or references to judicial authorities. Practitioners should search case law databases and State Administrative Tribunal records for decisions concerning the Act and these Regulations. Where the Regulations leave discretionary powers (for example, Ministerial discretion to prohibit access, to extend certain timeframes or to declare regulation 31 inapplicable), those exercises of discretion are typical subjects of judicial review; users should expect future litigation to focus on procedural fairness, jurisdictional error or improper exercise of discretion where decisions materially affect land use and property interests.
The Regulations create a number of time-sensitive procedural hooks (short deadlines for notices and Committee responses). Those hooks commonly generate litigation about procedural compliance and whether decisions were made within statutory timeframes. Although not reported here, that is a foreseeable litigation vector.

As the Regulations themselves reference the State Administrative Tribunal and the Native Title Act framework, litigation risk should be assessed by reference to SAT precedents and to federal native title decisions for matters where jurisdictional overlap occurs. The Regulations do not supply case law; practitioners must consult external legal databases for any relevant decisions.

The Regulations contain multiple traps for the unwary. The following items are concrete, text-based “gotchas” which practitioners and clients should watch for.

Digital compulsory pathway: AH management system requirement (regulations 14(1) and 16(1)(b)). Notices under s 18(2) and notifications of new information must be given using the AH management system or another Minister-approved manner. If an owner files by a different method without Minister-approved alternative, the notice may not be effective for statutory timeframes. Ensure the AH management system receipt process is tracked.
Compressed deadlines and single-extension ceilings (regulation 14(2)-(6), 16(1)(a), 17). Committee has only 70 days to submit recommendations with a single possible 30‑day extension (14(4)-(5)). Owners have just 14 days to comply with Committee information requests (14(2)), and 21 days to notify new information (16(1)(a)). Missing these windows can produce procedural default risks and compressed response burdens.
Narrow permission for commercial photography (regulation 10(h)). Any photographic or recording activity intended for commercial reproduction requires prior written approval; practitioners scheduling media or public-relations activities should obtain the consent early or risk $2,000 fines.
Notifications on change of ownership carry dual deadlines and a criminal penalty (regulation 20). An owner must notify the Minister within 14 days after the ownership change (20(1)), and then give a copy of that notice to the Committee and to any native title party within 28 days, failing which a $1,000 fine applies (20(3)). There are also content requirements for the notice (20(2)). The staggered obligations can be easy to mis-time.
Conflict of interest rules may incapacitate quorum (regulations 30-31, 37). Regulation 31 disables voting and attendance by a Committee member with a material personal interest, and a quorum is five (37(2)). If several members are disqualified under regulation 31, the Committee may lack quorum; regulation 33 allows the Minister to reduce quorum or deal with the matter, but that power cannot be used where the matter concerns the Committee’s performance involving a particular person or giving advice or recommendations to the Minister (33(2)). This produces a real operational risk where conflicts are common.
Ministerial override subject to parliamentary notice (regulation 34). The Minister can declare regulation 31 inapplicable by instrument, but must lay the instrument before each House of Parliament within 14 sitting days (34(2)). There may be political and parliamentary scrutiny risk when regulation 31 is set aside.
Darrajayin-specific traps: Table areas and consent interplay (regulations 44-47). The Darrajayin prohibition is broad (45). Exceptions for authorised acts are tightly defined and differ between registered native title bodies and pastoral lessees (46-47). Pastoral lessees have limited rights for infrastructure installation subject to written consent from a registered native title body corporate (47(1)(d)). Errors in identifying whether land is Table 1, 2 or 3 area, or in securing required consents, could expose operators to immediate prohibitions and fines.
“Bring onto land” prohibition includes ordinary plant and explosives (regulation 7). Bringing on to regulated land any digging or lifting equipment or explosive “except under and in accordance with the prior approval” of Minister or Registrar is an offence ($1,000 fine). That includes temporary or incidental equipment for legitimate work.
Narrow definition for prescribed native title parties (regulation 13). Certain bodies are prescribed (Murujuga Aboriginal Corporation and Badimia Land Aboriginal Corporation under datasets) and the Table in 13(5) prescribes service providers and representative bodies in specified areas. If a body is not listed and there is “no other native title party” under the paragraph tests, different consultation obligations flow.
Minutes must record voting abstentions or requests to record how members voted (regulation 42(2)(a)). Failure to accurately record minutes including attendance and abstentions may complicate later challenges and documentary proof of compliance.

Practitioners should map these “gotchas” to project timelines: pre-clear activities that require consent, use the AH management system early, confirm spatial boundaries against the published datasets (regulation 13(6)), and plan for the possibility that conflicts among Committee members will slow or alter the approval pathway.

A practical compliance checklist derived strictly from the Regulations. Use this as an operational playbook for owners, operators, pastoral lessees, native title bodies and legal advisers.

Confirm applicability and boundaries

Determine whether the land is an Aboriginal site, protected area or otherwise subject to a covenant in favour of the Minister (regulation 3(a)). For Darrajayin area issues, use the definitions in regulation 44 and the Darrajayin Order referenced in regulation 44. For prescribed native title parties, consult the Badimia and Murujuga land datasets which the CEO must publish on the Department’s website (regulation 13(6)).

Use the AH management system and check alternative approved methods

Submit notices under s 18(2) of the Act through the AH management system or via another Minister‑approved method (regulation 14(1)). For notifications of new information required under section 18(6) conditions, also use the AH management system unless a Minister-approved alternative exists (regulation 16(1)(b)).

Meet strict timelines for information and notifications

When the Committee requests further information, comply within 14 days (regulation 14(2)). The Committee is allowed only one extension in any particular case (14(3)). For new information triggers, notify the Minister within 21 days of becoming aware (regulation 16(1)(a)). Owners must notify changes in ownership to the Minister within 14 days (regulation 20(1)) and then provide the Committee and any native title party with a copy of the notice within 28 days (20(3)).

Secure written consents before regulated activities

For any activity listed in regulation 10(a)-(h) , ground disturbance, removal of vegetation, vehicle use, commercial photography for publication, etc. , obtain prior written consent from the Minister, the Registrar, or an authorised person. If proposing to bring digging or lifting equipment or explosives onto the land, secure prior approval (regulation 7).

Prepare notices carefully

A notice under regulation 20(2) must include a copy of the consent, the name and contact details of each owner, and the date the change in ownership occurred. Keep proof of service and consider delivering copies to native title parties as soon as possible to avoid the $1,000 penalty under 20(3).

Check native title party prescription and consult early

For land in areas described by the Badimia and Murujuga datasets, confirm which corporation is prescribed (regulation 13(3)-(6)). If a prescribed native title party exists then serve notices as required and engage that party in consultation early, especially for Darrajayin Table areas where registered native title body consent is necessary for certain infrastructure actions (regulation 47(1)(d)).

Manage Committee conflict and corporate governance obligations

If you or an organisation interacts with the Committee, be aware Committee members must disclose material personal interests and abstain from voting and attendance on the matter (regulations 30-31). When participating as a member, keep clear records because minutes must reflect abstentions or requests to record how members voted (regulation 42(2)(a)).

Ensure authorised officers and wardens carry certificates

If operating on behalf of the Department, ensure authorised officers and wardens are furnished with the prescribed certificates (regulations 11(2), 12 and Schedule Forms 1 and 2). For enforcement or entry, be prepared to show those certificates to prove authority.

For Darrajayin protected area activities follow the specific exemptions

If your activities concern the Darrajayin area, determine whether you are an authorised person within the meaning of regulation 46(1) or 47(1). Registered native title bodies and common law holders have specified authorised acts (46); pastoral lessees have defined authorised acts subject to conditions and written consent requirements (47). Where infrastructure movement is contemplated in Table 2 or 3 areas, get written consent from the registered native title body corporate (47(1)(d)).

Keep documentary proof and adopt conservative scheduling

Because the procedural windows are short (many 14‑ and 28‑day periods), maintain dated records of filings into the AH management system, copies of written consents, and proof of service. Anticipate Committee information requests and set internal deadlines well before the 14-day statutory limit to allow for delays and avoid fines.

When in doubt, use formal review pathways

If a Ministerial decision is adverse, act promptly: a person must apply for review under s 18(5) within 28 days after notice of the decision is published (regulation 15(1)). Consider applying to a judicial member of the State Administrative Tribunal for an extension only in circumstances satisfying regulation 15(2).

Plan for public access and event permissions

If the activity involves public access, selling goods, camp activities, or commercial recording, pre-clear those activities with the Minister/Registrar to avoid the $2,000 fine associated with regulation 10.

Governance for Committee appointments and subcommittees

If nominating for Committee appointment or seeking to influence Committee composition, observe the requirement that nominations be advertised for at least 14 days on a Committee-maintained website before appointment (regulation 22).

Compliance strategy summary

Compile a compliance pack for each relevant land parcel containing: GIS confirmation of dataset boundaries, copies of published datasets (regulation 13(6)), consent documentation, AH management system filing receipts, a timeline mapping statutory days for each anticipated trigger (committee requests, Minister decisions, review windows), and records of communications with native title parties. For Darrajayin projects perform an early legal mapping exercise to identify Table 1/2/3 distinctions and whether registered native title body corporate consents or pastoral lessee exceptions apply. Where potential conflicts exist with Committee members, evaluate quorum risk and the prospect that the Minister may be involved (regulations 31-34, 37).

Deep Dive

What it does

Current sections