Aboriginal Heritage Approvals

Where a landowner determined that there is an Aboriginal site that is likely to be harmed by the intended land use, it is the landowner's responsibility to obtain consent from the Minister under section 18 of the Act. The landowner gives notice - known as a section 18 notice - to the Aboriginal Cultural Heritage Committee (Committee) who will make a recommendation to the Minister.

The Aboriginal Heritage Act 1972 Guidelines can assist in determining whether the intended land use poses a risk of committing an offence under the Act and provides information about the process. 

Starting a section 18 application and providing adequate information

Timeframes apply to the application process which commence upon the giving of a section 18 notice to the Committee. 

A pre-lodgement discussion with Aboriginal heritage officers at the Department is strongly encouraged to ensure that the application when lodged will be complete. 

The officers will help to verify whether the proposed activity requires a section 18 consent, as opposed to some other form of regulatory approval or no approval required. Contact our Aboriginal heritage team using the Enquiry Form or call 6551 8002 and select option 1.

A 70-day timeframe applies for determination of a section 18 notice. A 30-day extension of time is available if required, and if an application is incomplete or additional information is required, a pause in the timer will occur on the 70-day period.

If you are an agent acting on behalf of the landowner, the Authority Form can be completed and provided with the section 18 application documentation. Authority from the landowner must be provided in the application.

ACHknowledge provides prompts for what information is required to be considered when seeking a section 18 consent. 

Consultation

A Consultation Policy outlines the Government’s expectations of proponents to undertake consultation with Aboriginal people prior to submitting a section 18 notice.

The Minister and the Committee recognise the connection that Aboriginal people have to their heritage and its vital importance to their wellbeing. Aboriginal people are rightfully best placed to advise on matters relating to their cultural heritage. 

Consultation is important to understand the heritage values of any Aboriginal sites or objects and to obtain the views of Aboriginal people as to the impacts of the proposed land use on those values. This assists the Committee and the Minister in performing their statutory functions when considering section 18 notices. The Minister is also required to have regard to the general interest of the community in deciding whether to grant consent. 

Consultation with Aboriginal people will ensure the Minister and the Committee have regard to relevant information relating to: 

• the location, importance and significance of any Aboriginal heritage; 
• strategies for the protection and management of any Aboriginal heritage; and 
• comments on the section 18 application including support and/or any conditions and mitigation strategies. 

Section 16 authorisations are for the excavation of, and removal of things from, Aboriginal sites, most commonly used for research purposes including by universities in conjunction with Aboriginal groups. This permission is granted by the Registrar of Aboriginal Sites, on the advice of the Committee, to enter an Aboriginal site and excavate, examine or remove anything on or under the site in a manner and subject to conditions as the Committee may advise.

Regulation 7 provides for approvals to take digging or lifting equipment or explosives on to an Aboriginal site.

Regulation 10 approvals are granted in relation to a range of minor activities. This could include maintenance works, bridge works, environmental work, emergency activities, fencing, jetties, dredging and remediation works.