Aboriginal Heritage Due Diligence Assessments

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Aboriginal Heritage Due Diligence Assessments in New South Wales

Aboriginal objects and sites hold significant value and are legally protected under the National Parks and Wildlife Act 1974. The Aboriginal Due Diligence Assessment is a crucial component of the Act, where it plays a significant role in protecting Aboriginal cultural heritage. This assessment is designed to ensure that any activities, developments, or land use changes within or adjacent to national parks or other areas of environmental and cultural significance do not adversely affect Aboriginal sites, artifacts, and cultural landscapes.

Review of Environmental Factors (REF)

An Aboriginal Heritage Due Diligence Assessment is required as part of the Review of Environmental Factors (REF) in Part 5 of the Environmental Planning and Assessment Act 1979 (EP&A Act). The Guidelines for Preparing a Review of Environmental Factors states that:

Addressing Aboriginal cultural heritage issues early in the planning, assessment and approval process will identify conservation solutions that can be incorporated into a proposal and applied during the project’s implementation.

Guidelines for preparing a Review of Environmental Factors, 3.4.3 Aboriginal Cultural Heritage, p. 35.

Local Environment Plan (LEP)

Aboriginal Heritage Assessments can also be required as part of a Development Application (DA) and be requested by the local council as a requirement for approval. This is stated in the council’s Local Environment Plan (LEP) and the Development Control Plan (DCP).

Many local councils in the Greater Sydney area have partnered with local Aboriginal land councils and heritage organisations to undertake studies on the local Aboriginal heritage. These studies provide the council with a better understanding of the Aboriginal history and heritage and offer recommended strategies for managing known and undocumented Aboriginal heritage. Typical recommendations adopted and implemented in the DCP and LEP include creating a map of Aboriginal heritage sensitivity in the local government area and requiring Aboriginal Heritage Due Diligence Assessments for DAs in areas within, or near the heritage-sensitive zones, along with other more localised requirements.

Does your project Need an Aboriginal Heritage Due Diligence Assessment?

Why Conduct an Aboriginal Heritage Due Diligence Assessment?

The National Parks and Wildlife Act 1974 guards Aboriginal objects. Those who follow due diligence procedures, ensure no harm comes to these artefacts, and gain a defence against potential prosecutions under the Act.

What is the Aim of the Due Diligence Assessment?

The main aim is to ascertain the probability of causing harm to Aboriginal objects during a particular activity. A comprehensive assessment and report by an archaeologist or Aboriginal heritage specialist detailing the outcomes is essential. This assessment must follow the Due Diligence Code of Practice for the Protection of Aboriginal Objects in New South Wales 2010.

The assessment must include:

1. Ground Disturbance Evaluation:
   • Examine if the activity will cause any ground disturbances, including minor levelling, excavation, vegetation removal, and others.
2. Preliminary Investigation:
   • AHIMS Database Search: Ensure no known Aboriginal sites exist within the project vicinity.
   • Supplementary Data Review: Consult other relevant sources for potential indications of Aboriginal objects.
3. Landscape Feature Evaluation:
   • Examine typical landscapes where Aboriginal artefacts are commonly found. These include proximity to waters, dune systems, ridges, cliff faces, and caves.
4. Desktop Assessment & Site Inspection:
   • This involves a thorough review of all available data and a physical inspection to determine the likelihood of Aboriginal artefacts in the proposed area.
   • If the likelihood is high, or the development site is within a known Aboriginal cultural site, or near a known Aboriginal cultural site a site inspection will be required.

If The Council Does Not Require An Aboriginal Heritage Due Diligence Assessment Or Impact Assessment Does This Protect You Legally?

No. Please note that if your Local Council does not require an Aboriginal Heritage Due Diligence Assessment, or Impact Assessment, for a particular activity, this does not remove the legal protections provided by the NPW Act for ‘unknowing’ harm to Aboriginal objects. Causing unknowing harm to an Aboriginal object, without first completing a Due Diligence Assessment, can attract a fine of up to $220,000.

Why Choose Talking Walls Heritage Consultants?

Our comprehensive approach, detailed assessments, and adherence to the Due Diligence Code of Practice make us the top choice for your project. Our goal is to ensure all parties involved achieve a suitable outcome from the assessment process. Our purpose is to help you get your project approved by making sure all the Government’s requirements are met, the Aboriginal Land Councils are confident their heritage is being respected and protected, and we can offer practical solutions when they are required.

Take the Next Step:

Contact us to discuss your project.