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  6. Protection under state and territory laws

Sidebar first - EN - Heritage

  • Indigenous cultural heritage laws
    • Protection under state and territory laws

Protection under state and territory laws

Australia's state and territory governments have broad responsibilities for recognising and protecting Australia's Indigenous heritage, including archaeological sites.

Indigenous heritage can be protected under state or territory heritage laws to varying degrees. Usually state and territory laws automatically protect various types of areas or objects, while enabling developers to apply for a permit or certificate to allow them to proceed with activities that might affect Indigenous heritage.

Jurisdiction Principal Indigenous heritage legislation
Australian Capital Territory

Heritage Act 2004

New South Wales

National Parks and Wildlife Act 1974

Northern Territory

Aboriginal Sacred Sites Act 1989
Heritage Act 2011

Queensland

Aboriginal Cultural Heritage Act 2003
Torres Strait Islander Cultural Heritage Act 2003

South Australia

Aboriginal Heritage Act 1988

Tasmania

Aboriginal Heritage Act 1975

Victoria

Aboriginal Heritage Act 2006
Heritage Act 2017

Western Australia

Aboriginal Cultural Heritage Act 2021

Copies of these laws can be downloaded from www.austlii.edu.au.

Locating places protected under state and territory laws

Most of Australia's states and territories maintain registers of Indigenous heritage sites. Developers need to be aware that these registers may not be comprehensive records of all the Indigenous sites that are protected under state and territory laws. Where there is a risk that a planned activity could have adverse impacts on Indigenous heritage it is advisable to contact the state or territory government agency that is responsible for protecting Indigenous heritage and maintaining the register.

State Register Maintained by
ACT

Heritage Register

Environment, Planning and Sustainable Development Directorate – Environment

NSW

Aboriginal Heritage Information System

Heritage NSW

NT

Register of Sacred Sites

Aboriginal Areas Protection Authority

QLD

Aboriginal and Torres Strait Islander Cultural Heritage Register

Department of Aboriginal and Torres Strait Islander Partnerships

SA Taa wika - Cultural Heritage Database and Register Aboriginal Affairs and Reconciliation | Attorney-General's Department
TAS Aboriginal Heritage Property Search Aboriginal Heritage Tasmania
VIC

Victorian Aboriginal Heritage Register

First Peoples - State Relations
WA

Register of Aboriginal Sites

Department of Planning, Lands and Heritage

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Last updated: 04 November 2022
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We acknowledge the Traditional Owners of Country throughout Australia and recognise their continuing connection to land, waters and culture. We pay our respects to their Elders past and present.

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