Notice of proposed guidelines under the Aboriginal Heritage Act 2021

Public notice
The Aboriginal Cultural Heritage Council (Council) gives notice of the proposed guidelines that have been released for public comment.
Image of large red granite with the Australian bush in the background

The proposed guidelines will support the operation of the Aboriginal Heritage Act 2021 (ACH Act). 

The proposed guidelines are:

ACH Management Code: guidelines to assist proponents when undertaking a due diligence assessment for proposed activities.

Consultation guidelines: guidelines that set out the standards that a proponent will need to adhere to when carrying out consultation with Aboriginal people under the ACH Act.

Knowledge Holder guidelines: guidelines to assist with the identification of knowledge holders as required under the ACH Act.

Local ACH Service (fees) guidelines: guidelines about the fee structure for the fees that can be charged by a local Aboriginal cultural heritage service when providing services related to their functions under the ACH Act .

Protected Area Order guidelines: guidelines that assist knowledge holders to provide evidence in support of their applications for Aboriginal Cultural Heritage of outstanding significance to be considered as a protected area.

State significance guidelines: guidelines to assist when considering whether Aboriginal cultural heritage should be determined to be of State significance for the purposes of the ACH Act.

Additional documents being made available are:

  • Draft timeframes 
  • Draft ACH Management plan template
  • Draft Activity categories Table
  • Draft Determining “Substantially Commenced” guidelines

The additional documents will inform the development of key regulations, including prescribed periods, the activity categories required by definitions under section 100 of the ACH Act, and the criteria to be applied when determining whether a purpose for which a historical section 18 consent relates has been substantially commenced.

The Council welcomes submissions on the proposed guidelines and the additional documents period for submissions closes at 5pm WST on Friday 6 January 2023.

To view copies of the guidelines and make a submission to the Aboriginal Heritage Council, visit 

Page reviewed 4 November 2022