Make sure you know the law on protecting Aboriginal cultural heritage

New laws governing the protection of Aboriginal cultural heritage commenced on 1 October 2010 and they apply to all Reserve Trusts so it’s important all Trusts are aware of the changes.

They are contained in the National Parks and Wildlife Act 1974 and it is now an offence to:
• damage known Aboriginal heritage (unless the work is listed as ‘exempt’).
• harm Aboriginal heritage that was unknown (even unintentionally) – unless it can be demonstrated that you have carried out a ‘due diligence’ investigation to detect whether any such heritage might exist, prior to you carrying out any work (other than work listed as ‘exempt’ or ‘low impact’).

What to do before undertaking any disturbance works:

• Do your homework (check the Aboriginal Heritage Information Management System (AHIMS), undertake ‘due diligence’ assessments)
• Be cautious when working (keep a look out for potential cultural heritage items).

What to do if you find an Aboriginal cultural heritage object while carrying out work is also set down in the legislation:

• stop work
• protect the site from harm, or any further harm
• contact the local office of Department of Environment, Climate Change and Water (DECCW)

The Reserve Trust Handbook will shortly be updated to include more extensive advice about these new requirements, and will include a handy checklist to assist in meeting and recording the new ‘due diligence’ obligations.

For further information please contact DECCW or visit the National Parks and Wildlife Amendment Act 2010 and the Aboriginal Heritage Information Management System sections of the DECCW website.

The Handbook and other information for Trusts can be found in the Reserve Trust section of the LPMA website.