Offences under Section 17 of the ActShow more
Destruction damage or alteration (impact) to an Aboriginal site without the prior consent of the Minister for Aboriginal Affairs (Minister) is an offence under section 17 of the Act.
Section 17 of the Act outlines offences relating to Aboriginal sites.
A person who -
(a) excavates, destroys, damages, conceals or in any way alters any Aboriginal site; or
(b) in any way alters, damages, removes, destroys, conceals, or who deals with in a manner not sanctioned by relevant custom, or assumes the possession, custody or control of, any object on or under an Aboriginal site;
Section 18 NoticesShow more
The declarant at the end of the form must be the land owner/proponent or a duly authorised representative of the owner (normally a senior officer of the company) or person authorised in writing by the owner to act as their agent.
If this is incorrect you will be requested to resubmit the form with the correct details.
Please note: Section 18 Notices are to be lodged by 5pm. Notices received after this time will automatically proceed to the next close of submission date for the following ACMC meeting.
Notice to the ACMC
The ACMC meets once every month as per the dates specified in the ACMC Meeting Dates. This table also provides details on the closing and advertising dates for Section 18 Notices and Section 16 Application.
The department publishes Section 18 Notices for possible consideration at upcoming ACMC meetings and the final list to be considered two weeks prior to the meeting on its website. This information is also provided to Native Title Representative Bodies.
- Heritage Information Submission Form to provide information about potential sites on the parcel of land.
- Aboriginal Site and Other Heritage Place Search for accessing online and hardcopy information on Aboriginal Sites and other heritage places.
- Aboriginal Heritage Survey if you are required to undertake a survey.
- Landgate, Sales & Product Enquiries for mapping information, digital data, aerial photography, certificates of title and online products contact
Note: When the intended land use is deemed by the Environmental Protection Authority to be a significant proposal, the Minister's consent must be deferred until the Environmental Protection Act 1986 Part IV assessment is complete.
Activities under Regulation 10Show more
On any land to which these regulations apply, a person shall not, without the written consent of the Minister or the Registrar or a person authorised in writing by the Minister or the Registrar:
(a) alter, damage, or destroy any notice, boundary, fence, shelter, grille, cutting, drain, protective work or other thing which the Registrar or any officer of the Department has, or has caused to be, erected, constructed, made or placed thereon or therein;
(b) dig any hole or otherwise disturb the surface of the ground, or remove or disturb any stone, soil, sand, rock or gravel, or any other natural object;
(c) cut, pick, pull, break, remove, take, injure, poison, strip or destroy any tree, shrub, herb, grass or other plant or part thereof whether living or dead;
(d) post, stick, stamp, stencil, paint, draw or otherwise affix or make any mark, symbol, lettering, notice, advertisement poster, sign or document of any description;
(e) except in a place approved or provided for the purpose —
(i) drive, tow, operate or park any vehicle;
(ii) camp, erect tents or shelters, light fires or make fireplaces;
(iii) deposit or leave any refuse, rubbish or litter; or
(iv) take, ride or drive, graze or agist any horse, cattle, sheep, goat, camel, donkey or pig, or allow any such animal to remain;
(f) sell any food, beverage or other article;
(g) unlock, unfasten or leave open any gate unless duly authorised to do so; or
(h) except with the prior written approval of the Minister, or the Registrar, and in accordance with such requirements as he may impose, take any photograph or make any recording for the purpose of commercial reproduction or publication.
Programme of workShow more
If you are submitting a Programme of work application to the Department of Mines, Industry Regulation and Safety, you are required to complete a section on Aboriginal heritage management. It is your responsibility to ensure that you have sufficient knowledge of the Aboriginal heritage values within your tenement so that you do not commit an offence under the Act.
To assist you to complete this section of the application, it is recommended that you refer to the Aboriginal heritage due diligence guidelines and conduct a search for Aboriginal sites and other heritage places within the area the application refers to.
To provide information about potential Aboriginal sites on the parcel of land.
For mapping information, digital data, aerial photography, certificates of title and online products.
Aboriginal heritage surveysShow more
When to submit an Aboriginal heritage survey
There is no requirement that an Aboriginal heritage survey be included with a:
- Section 18 Notice submitted under the Aboriginal Heritage Act 1972
- Heritage Information Submission Form when submitting information in relation to a potential Aboriginal site under section 5 of the Act.
All information required for decision-making in relation to Aboriginal site assessment or granting Section 18 consent must be included on the aforementioned forms. If a decision is made to submit a survey report as an attachment to one of these forms, at no place on the form should it state 'refer to attached report' or similar.
The department will usually make reports that have been submitted available to other people on request. The benefit of submitting a report is that it may assist others with their research.
link to the Government Standard Heritage Agreement