Aboriginal Heritage Due Diligence Assessment in NSW

What is an Aboriginal Heritage Due Diligence Assessment?

A Due Diligence Assessment is the formal process required under the National Parks and Wildlife Act 1974 to determine whether proposed works are likely to harm Aboriginal objects or places. The assessment follows the Due Diligence Code of Practice for the Protection of Aboriginal Objects in New South Wales (2010) and provides the legal basis for demonstrating that harm has been avoided wherever possible.

Our Assessment Process

1. Background Research

Review of Heritage Registers

We begin by examining the Aboriginal Heritage Information Management System (AHIMS) to identify any known Aboriginal sites within or near the proposal area.

Historical and Environmental Context

We analyse early maps, historical records, environmental data, and landscape features to evaluate whether the area is one where Aboriginal people are likely to have lived, travelled, or carried out cultural activities.

2. Geotechnical and Soil Analysis

If geotechnical investigations or soil reports are available, we assess borehole logs and geomorphological data to determine whether the landscape is likely to contain undisturbed archaeological deposits.

3. Site Inspection

A targeted field inspection is carried out when the Due Diligence Code identifies potential risk factors or when the landscape suggests moderate or high archaeological sensitivity.
This inspection helps confirm whether Aboriginal objects are present or if the area is highly unlikely to contain cultural material.

Does your project Need an Aboriginal Heritage Due Diligence Assessment?

1300 931 796

Assessment Outcomes

Determining Heritage Presence or Likelihood

The assessment identifies whether Aboriginal objects or places:

are present
are likely to be present; or
are unlikely to occur.

Determining Risk of Harm

We evaluate whether the proposed works have the potential to harm Aboriginal heritage and outline steps to avoid or minimise that harm.

Confirming No Heritage Likelihood

Importantly, the Due Diligence process may conclude that there is no reasonable likelihood of Aboriginal heritage being present. This may occur when:

The land has been heavily disturbed by previous development
The property is not situated in a landscape conducive to Aboriginal occupation (e.g., no sandstone features, not near water, no intact soils)

Such findings can streamline the project and provide clarity to both the proponent and regulators.

What Happens if Aboriginal Heritage Is Found?

If Aboriginal heritage is identified—or considered likely to be present—during the Due Diligence process, the Due Diligence Code of Practice for the Protection of Aboriginal Objects in New South Wales (2010) requires that further assessment be undertaken.

Many heritage consultants will automatically recommend proceeding directly to an Aboriginal Cultural Heritage Assessment Report (ACHAR) followed by an Aboriginal Heritage Impact Permit (AHIP). While these may be necessary in some cases, they are not always required.

Why Choose Talking Walls Heritage Consultants?

At Talking Walls, our approach is measured, practical, and solution-focused. Before recommending additional permits or complex reporting, we first determine whether your proposed development is genuinely likely to harm any Aboriginal heritage identified—and, if so, how that harm can be avoided or minimised. You may then choose to proceed with an extended report that compiles the supporting evidence and analysis. This material is presented as a clear and comprehensive heritage impact assessment, which can be integrated into the Due Diligence Assessment and submitted to the consent authority. In this way, you only pay for what you need, when you need it.

Our Aboriginal Heritage Impact Assessments are detailed, strategic, and tailored specifically to your site. We examine all feasible options to manage heritage appropriately while keeping your project progressing smoothly. Wherever possible, our goal is to develop solutions that avoid the need for full ACHARs and AHIPs, saving you time, money, and unnecessary delays—without compromising the protection of Aboriginal cultural heritage.