The Due Diligence Code of Practice for the Protection of Aboriginal Objects in New South Wales can be used by individuals or organisations considering undertaking activities that could harm Aboriginal objects.
The National Parks and Wildlife Act 1974 (NPW Act) provides that a person who exercises due diligence in determining that their actions will not harm Aboriginal objects has a defence against prosecution if they later unknowingly harm an object without an Aboriginal heritage impact permit.
The NPW Act allows for a generic code of practice to explain what due diligence means. Carefully following this code of practice, which is adopted by the National Parks and Wildlife Regulation 2009 made under the NPW Act, would be regarded as ’due diligence‘. This code of practice can be used for all activities across all environments.