An amended Aboriginal Heritage Act 1972 is now in effect.
All landowners, be they freehold, leasehold, licensee, invitee or citizen, at large have one simple obligation: that is to not knowingly damage an Aboriginal cultural heritage site, which has been the law since 1972.
The amended laws strengthen the role of Aboriginal people in the approval process, prohibits ‘gag clauses’ and provides equal rights of review for native title parties on Ministerial decisions.
This also signals the repeal of the Aboriginal Cultural Heritage Act 2021 and removes the extra burdens on landowners and proponents.
Proponents can make applications for a Section 18 notice through ACHknowledge – a dedicated Aboriginal cultural heritage portal.
More information about the laws and what approval you may need is available on our Aboriginal Heritage page.