Harm to Aboriginal objects and Places

Aboriginal cultural heritage is protected under the National Parks and Wildlife Act 1974.

If you are proposing activities that may cause harm to Aboriginal objects and/or a declared Aboriginal Place, you need an Aboriginal heritage impact permit (AHIP) before you begin.

Harm includes moving an object from its original location, or damaging, defacing or destroying it.

You will need to:

• understand whether your proposed activity could cause harm
• follow the correct processes
• explain how you will manage or reduce that harm.

Consult with Aboriginal people

You need to consult with Aboriginal people who hold cultural knowledge of the area if your proposed activity may cause harm to Aboriginal objects and/or Places. This consultation is required under the National Parks and Wildlife Regulation 2019.

For guidance on how to consult with the relevant Aboriginal people, refer to the Aboriginal cultural heritage consultation requirements for proponents.

Follow the consultation requirements to:

• identify the right people to consult
• understand cultural values and significance
• support your application for an AHIP.

Check if your proposed activity may cause harm

Work through these steps to understand the potential impacts of your proposed activity:

• identify whether Aboriginal objects or declared Aboriginal Place/s are present
• understand the nature and extent of those objects or Places
• assess how your proposed activity may cause harm
• identify what impacts can be avoided and what cannot.

Follow due diligence

You are not permitted to harm Aboriginal objects and/or a declared Aboriginal Place under the National Parks and Wildlife Act 1974. Before starting works, you should check whether your proposed activities may cause harm by doing due diligence.

Due diligence helps you decide whether:

• Aboriginal objects are or may be present in your project area
• your activity could cause harm to Aboriginal objects
• further investigation is needed
• you need to apply for an AHIP.

The process is explained in the Due diligence code of practice for the protection of Aboriginal objects in NSW.

It can provide a legal defence if harm occurs after you have reasonably determined that Aboriginal objects were unlikely to be present.

Due diligence cannot be used in all situations. For example:

• It does not apply to declared Aboriginal Places under the National Parks and Wildlife Act 1974.
• If Aboriginal objects or Places are present, you need to conduct an Aboriginal cultural heritage assessment.

Find out if you need other approvals

Your activity may also require other approvals, such as development consent under the Environmental Planning and Assessment Act 1979.

For more information, visit the Development Coordination Authority website.

Prepare an Aboriginal cultural heritage assessment report

You need to prepare an Aboriginal cultural heritage assessment report if Aboriginal objects are present in the area relating to your proposed activity. This report is required for several application types, including AHIPs.

To prepare your report, follow the Guide to investigating, assessing and reporting on Aboriginal cultural heritage in NSW.

Your report should include:

• Aboriginal community consultation carried out in line with the Aboriginal cultural heritage consultation requirements for proponents
• results of investigations needed to understand the Aboriginal cultural heritage significance of the area which may include:
  • an archaeological assessment prepared in line with the Code of practice for archaeological investigation of Aboriginal objects in NSW
  • an Aboriginal Heritage Information Management System (AHIMS) search less than 12 months old
  • a cultural values assessment explaining the significance of any Aboriginal objects and declared Aboriginal places that may be impacted by the proposal
  • an arborist report, if needed, to confirm whether a modified tree is cultural in origin or management recommendations are required
  • any other specialist reports as required
• a review of background information, covering the environmental and landscape context, ethnographic and historical land use, and the results of previous archaeological investigations
• a predictive model
• an impact assessment
• proposed protection or conservation method, or activities taken to minimise harm.

With the online application process, you no longer need a cover sheet for your report.

Follow standards for archaeological investigations

There are minimum standards for archaeological investigations where an AHIP application is likely to be needed. These are set out in the Code of practice for archaeological investigation of Aboriginal objects in NSW.

The code of practice also explains what is required for activities such as test excavations.

You do not need an AHIP if your test excavation follows the code of practice because the work is not treated as harm.

You will need an AHIP if your test excavation does not follow the code of practice, or you are working in an area where the code does not apply.

Next step

To find out more about when you need an AHIP and how to apply, visit Apply for an Aboriginal heritage impact permit.