NSW Aboriginal Heritage Impact Assessments (AHIA)

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NSW Aboriginal Heritage Impact Assessments

An Aboriginal Heritage Impact Assessment (AHIA) is a thorough process designed to evaluate the potential impacts of proposed activities or developments on Aboriginal heritage. This process is essential in ensuring that Aboriginal sites, artifacts, and cultural values are preserved and protected in accordance with legal frameworks such as the National Parks and Wildlife (NPW) Act 1974.

An Aboriginal Heritage Impact Assessment may also be known as a Heritage Impact Statement (HIS), or a Statement of Heritage Impact (SOHI). These assessments can be required as part of a Development Application (DA) or a Review of Environmental Factors (REF).

The Aboriginal Heritage Impact Assessment involves several key steps.

Do you Need an Aboriginal Heritage Impact Assessment for your project?

1. Examination of Relevant Registers and Contextual Information: The first step involves researching and reviewing existing databases, registers, and documents that list or describe Aboriginal heritage sites, artifacts, and places of cultural significance. This includes both statutory and non-statutory registers, which provide important information about the location, significance, and legal status of Aboriginal heritage items within the area affected by the proposed activity.
2. Site Inspection: Conducting a physical inspection of the site is crucial to identify any Aboriginal objects or features that may not be recorded in existing registers or databases. This step allows for a direct assessment of the site’s current condition and any potential heritage values that need to be considered. The inspection is typically conducted by Aboriginal heritage experts or consultants, often in collaboration with representatives from the local Aboriginal community, who can provide valuable insights and knowledge about the area’s cultural significance.
3. Consultation with the Local Aboriginal Land Council: Engaging with the Local Aboriginal Land Council, is a requirement of the AHIA process. This consultation ensures that the views and knowledge of the Aboriginal community are incorporated into the assessment. It allows for a collaborative approach to identifying and evaluating potential impacts on Aboriginal heritage and seeks to find ways to mitigate or avoid adverse effects. The Aboriginal Land Council represents the interests and concerns of the local Aboriginal community, making their input essential for a comprehensive and respectful assessment.
4. Assessment Report: The culmination of the AHIA process is the preparation of a detailed report that presents the findings of the assessment. This report will identify any Aboriginal objects or sites within the project area and evaluate the potential impacts of the proposed activity on these heritage values. It will also recommend measures to avoid, minimize, or mitigate any adverse impacts in line with the legal protections afforded by the NPW Act and other relevant legislation. The report serves as a critical tool for decision-makers, helping to ensure that any approved activities are conducted in a manner that respects and preserves Aboriginal heritage.

Local Environment Plans (LEPs):

At the local government level, LEPs outline how land can be used and developed. These plans often include provisions to protect Aboriginal heritage, and they are instrumental in guiding local development decisions. Each council’s LEP and Development Control Plan (DCP) will detail their requirements for Development Applications (DA) when Aboriginal heritage is concerned.

Who should write an Aboriginal Heritage Impact Assessment?

An Aboriginal Heritage Impact Assessment should be completed by an archaeologist or an Aboriginal heritage specialist. Their job is to review the records, review the site, liaise with the Aboriginal Land Council and create an objective assessment.

What happens if an Aboriginal Object or site is found?

If an Aboriginal object or site is found in the proposal area the job of the heritage consultant is to offer solutions that will mitigate or avoid impacting it. An example of what could done may be to recommend protective fencing, buffers and protections; or it could be to make alterations to the development plans to avoid it. If impact cannot be avoided then an Aboriginal Heritage Impact Permit may be required.

Talking Walls consultants and archaeologists

We aim 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.