NORTHERN TERRITORY OF AUSTRALIA
NORTHERN TERRITORY ABORIGINAL SACRED SITES
REGULATIONS 2004
As in force at 30 May 2025
Table of provisions
1 Citation ............................................................................................ 1
2 Goods and Services Tax ................................................................. 1
3 Guidelines for classifying applications ............................................. 1
5 Charges in respect of conference .................................................... 1
6 Guidelines as to charges, and amounts of charges, applying to
non-standard applications or conference ......................................... 2
7 Abstract of Authority's records ......................................................... 2
8 Fees ................................................................................................ 3
Schedule 1 Guidelines for classifying applications
Schedule 2 Guidelines as to charges that may apply
for non-standard application or conference
Schedule 3 Charges for non-standard application or
conference
Schedule 4 Fees
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 30 May 2025
NORTHERN TERRITORY ABORIGINAL SACRED SITES
REGULATIONS 2004
Regulations under the Northern Territory Aboriginal Sacred Sites
Act 1989
1 Citation
These Regulations may be cited as the Northern Territory
Aboriginal Sacred Sites Regulations 2004.
2 Goods and Services Tax
All fees and charges referred to in these Regulations are exclusive
of Goods and Services Tax (GST) payable under the A New Tax
System (Goods and Services Tax) Act 1999 (Cth) and GST will be
added to the fee or charge where required under that Act.
3 Guidelines for classifying applications
For section 19C of the Act, the guidelines for classifying an
application for an Authority Certificate are set out in Schedule 1.
5 Charges in respect of conference
For section 19G(4)(a) of the Act, the matters to which the Authority
must have regard in assessing whether the holding of a conference
is likely to entail significant costs are:
(a) whether arranging the conference would incur costs additional
to any costs charged in relation to the determination of the
application; and
(b) whether arranging the conference would entail duplication of
efforts already spent in relation to the application.
Northern Territory Aboriginal Sacred Sites Regulations 2004 2
6 Guidelines as to charges, and amounts of charges, applying to
non-standard applications or conference
For section 19K(1) of the Act:
(a) the guidelines as to the charges that may apply in relation to
determining a non-standard application or the arranging of a
conference are as set out in Schedule 2; and
(b) the charges that will apply in relation to the determination of a
particular non-standard application, or the arranging of a
particular conference, are to be calculated in accordance with
Schedule 3.
7 Abstract of Authority's records
(1) A person may apply to the Authority for an abstract of the
Authority's records in relation to a parcel of land.
(2) The application must be in writing and accompanied by the
applicable fee.
(3) The Authority may give the applicant a written abstract containing:
(a) advice as to the following:
(i) whether there are any registered sacred sites on the
parcel of land;
(ii) whether the Authority has a record of any other sacred
sites on the parcel;
(iii) whether any part of the parcel is the subject of a
restricted work area described in an Authority Certificate;
and
(b) a map indicating the location of any registered or recorded
sacred sites and any restricted work areas.
(4) The Authority may also give the applicant additional maps or spatial
data if the applicant:
(a) pays the applicable fees for the maps or spatial data; and
(b) if required by the Authority – signs an agreement between the
applicant and the Authority in relation to the use of the maps
or spatial data and pays the applicable fee for the agreement.
Northern Territory Aboriginal Sacred Sites Regulations 2004 3
(5) In this regulation:
parcel of land means the whole of the land the subject of a
separate certificate as to title registered under the Land Title
Act 2000.
8 Fees
The fees payable under the Act and these Regulations are set out
in Schedule 4.
Schedule 1 Guidelines for classifying applications
Northern Territory Aboriginal Sacred Sites Regulations 2004 4
Schedule 1 Guidelines for classifying applications
regulation 3
1 Standard applications
An application for an Authority Certificate that is not mentioned in
clause 2 should be classified as a standard application unless there are
exceptional circumstances relating to the application.
2 Non-standard applications
An application for an Authority Certificate mentioned below should be
classified as a non-standard application.
2.1 Large area of land
An application in relation to one or more areas of land the
perimeters of which together equal 20 km or more.
2.2 Substantial project
An application in relation to a substantial project, being proposed
work that:
(a) requires an environmental impact assessment under the
Environment Protection Act 2019; or
(b) is associated with a complex development such as a resort,
mine or major horticultural development; or
(c) uses an area of sea; or
(d) involves the acquisition or extinguishment of native title
rights.
A project is not necessarily a substantial project if the works relate
to a standard road borrow area or to infrastructure being
developed separately from principal works (for example, an
access track to a mine if the request is for an Authority Certificate
separate from the main mine Authority Certificate).
2.3 Aboriginal land
An application in relation to an area of land that is, in whole or
part, Aboriginal land as defined in section 3(1) of the Land Rights
Act.
Schedule 1 Guidelines for classifying applications
Northern Territory Aboriginal Sacred Sites Regulations 2004 5
2.4 Sacred sites
An application in relation to:
(a) an area of land that encompasses a registered sacred site or
a restricted work area described in a previously issued
Authority Certificate; or
(b) an area where an Authority Certificate has previously been
refused due to the existence of sacred sites.
2.5 Specialised equipment or expertise
An application the determination of which will require the use of
specialised equipment (for example, charter aeroplanes or
helicopters) or expert professional advice (for example, an
arborist).
2.6 Comprehensive survey
An application that:
(a) is not limited to a specific location or project; and
(b) requires a comprehensive survey of unusually wide scope.
2.7 Undisclosed work
An application that does not disclose the proposed use of the land
or the nature of the work proposed to be carried out on the land.
2.8 Remote location
An application in relation to an area of land that is remote from
major population centres, the determination of which will require
special arrangements for travel or accommodation.
Schedule 2 Guidelines as to charges that may apply for non-standard application or
conference
Northern Territory Aboriginal Sacred Sites Regulations 2004 6
Schedule 2 Guidelines as to charges that may apply for
non-standard application or conference
regulation 6(a)
The following costs, if incurred by the Authority in determining a non-standard
application or in arranging a conference, may be charged by the Authority to
the applicant:
(a) consultants' fees (including payments to custodians as consultants);
(b) travel and accommodation expenses (including vehicle costs, airfares
etc.);
(c) communication costs (satellite phones etc.);
(d) equipment hire charges (Digital GPS, helicopter, fixed-wing aircraft,
boat charter etc.);
(e) photography etc.;
(f) mapping and production of documents (printing, binding etc.);
(g) translation and transcription costs;
(h) incidental food costs;
(i) cost of staff time spent on research;
(j) cost of staff time spent supervising and liaising with other
agencies/bodies;
(k) administration costs (making of arrangements by Authority staff);
(l) any other costs reasonably incurred.
Schedule 3 Charges for non-standard application or conference
Northern Territory Aboriginal Sacred Sites Regulations 2004 7
Schedule 3 Charges for non-standard application or
conference
regulation 6(b)
The amount of the charges payable by an applicant in respect of a
particular application is to be determined as follows:
(a) items (a) to (h) and item (l) of Schedule 2, if applicable, are to be
charged to the applicant at the amount incurred by the Authority;
(b) items (i) and (j) of Schedule 2, if applicable, are to be charged at
the rate of staff wages plus 100% for the time identified as spent
on the matter;
(c) item (k) of Schedule 2 is to be charged at a flat rate of 20% of the
total of all other applicable items.
Except where no new costs are incurred by the Authority in arranging a
conference, the amount of the charges payable by an applicant in
respect of a particular conference is to be determined in the same
manner as set out in clause 1.
Schedule 4 Fees
Northern Territory Aboriginal Sacred Sites Regulations 2004 8
Schedule 4 Fees
regulation 8
Application or matter Fee
(revenue units)
1 Standard application for an Authority
Certificate in relation to:
(a) freehold land anywhere in the Territory;
or
57 for application plus
1 035 for certificate
(b) land, other than freehold land and
Aboriginal land, that is:
(i) within the municipal boundary of
Darwin, Palmerston or Litchfield;
or
(ii) within 25 km of the Alice Springs
Post Office; or
57 for application plus
1 035 for certificate
(c) land, other than freehold land and
Aboriginal land, that is:
(i) not within the municipal boundary
of Darwin, Palmerston or
Litchfield; and
(ii) not within 25 km of the Alice
Springs Post Office
57 for application plus
2 300 for certificate
1A Application for transfer of Authority
Certificate
100
1B Application to add a recorded party or
parties to Authority Certificate
100
2 Inspection of Register of Sacred Sites 23 per sacred site
3 Inspection of register kept under section 26
of the Act
23 per inspection of
Authority Certificate
application and related
Certificate or refusal
4 Abstract of Authority's records 23 per parcel of land
Schedule 4 Fees
Northern Territory Aboriginal Sacred Sites Regulations 2004 9
Application or matter Fee
(revenue units)
5 Additional information provided with abstract
of Authority's records:
(a) additional maps up to A3 size; 23 for each map
(b) maps over A3 size; 50 for the first 5 maps
and 28 for each
additional map
(c) specialised maps or spatial data equivalent of production
costs
6 Agreement under regulation 7(4)(b) 50
ENDNOTES
Northern Territory Aboriginal Sacred Sites Regulations 2004 10
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Northern Territory Aboriginal Sacred Sites Regulations (SL No. 14, 2004)
Notified 28 April 2004
Commenced 28 April 2004
Fees and Charges Amendment Regulations 2009 (SL No. 34, 2009)
Notified 14 December 2009
Commenced 1 January 2010 (r 2)
Northern Territory Aboriginal Sacred Sites Amendment Regulations 2011 (SL No. 31,
2011)
Notified 3 August 2011
Commenced 3 August 2011
Local Government Amendment Act 2013 (Act No. 28, 2013)
Assent date 8 November 2013
Commenced 8 November 2013
Environment Protection Act 2019 (Act No. 31, 2019)
Assent date 9 October 2019
Commenced 28 June 2020 (Gaz G17, 29 April 2020, p 2)
Amending Legislation
Statute Law Revision and Repeals Act 2019 (Act No. 33, 2019)
Assent date 6 November 2019
Commenced pts 2 and 3: 11 December 2019 (Gaz G50,
11 December 2019, p 2); rem: 7 November 2019 (s 2)
Northern Territory Aboriginal Sacred Sites Legislation Amendment Act 2025 (Act No.
11, 2025)
Assent date 29 May 2025
Commenced 30 May 2025 (s 2)
ENDNOTES
Northern Territory Aboriginal Sacred Sites Regulations 2004 11
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: rr 1 and 7 and Sch 1.
4 LIST OF AMENDMENTS
r 2 amd No. 31, 2011, r 3
r 4 amd No. 34, 2009, r 3
rep No. 31, 2011, r 4
r 7 sub No. 31, 2011, r 5
r 8 ins No. 31, 2011, r 5
sch 1 sub No. 31, 2011, r 6
amd Act No. 31, 2019, s 335
sch 3 amd No. 31, 2011, r 7
sch 4 amd No. 34, 2009, r 3
sub No. 31, 2011, r 8
amd Act No. 28, 2013, s 61; Act No. 11, 2025, s 12