NSW Aboriginal Heritage Inductions

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NSW Aboriginal Heritage Inductions

An Aboriginal Heritage Induction may be stipulated as a ‘condition of consent’ for a Development Application (DA) approval. These inductions can be requested to accompany an Aboriginal Heritage Impact Assessment (AHIA) or Due Diligence Assessment. An Aboriginal Heritage Induction may also be recommended by the project’s Aboriginal heritage consultant as a solution to improve the likelihood of a project being approved if there is a potential for ‘unexpected’ Aboriginal heritage finds during the works stage of the project.

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

What is an Aboriginal Heritage Induction

The purpose of the Aboriginal Heritage Induction is to ensure all construction staff and contractors are made aware of their statutory obligations for Aboriginal heritage under the National Parks and Wildlife Act 1974.

The induction should explain exactly what Aboriginal objects or sites could be revealed during works, where they would likely be found and present photos of what they will look like in situ and isolation.

Most importantly, the induction will inform staff and contractors what to do if they find an Aboriginal object or site. There are two parts to this. 1) the procedures to protect the object/site from adverse impact and report it to the appropriate organisations. 2) the steps to protect the principal, builders, etc from extended delays, and attracting penalties.

Who should deliver an Aboriginal Heritage Induction?

An Aboriginal heritage induction is to be delivered by a heritage consultant with Aboriginal heritage expertise, or by the Local Aboriginal Land Council.

The project’s Aboriginal heritage consultant will be able to arrange an Aboriginal Land Council Heritage Induction.

What are the risks of not completing Aboriginal Heritage Due Diligence or implementing an induction?

Under the National Parks & Wildlife Act 1974, it is an offence to harm Aboriginal objects (consisting of any material evidence of the Aboriginal occupation of NSW) without a valid Aboriginal Heritage Impact Permit under Section 90 of the Act. This applies whether the harm occurs either knowingly [s86(1)] or unknowingly [s86(2)].

It is a defence to the strict liability offence of harm to an Aboriginal object under s86(2) if a process of Due Diligence was followed which reasonably determined that the proposed activity would not harm an Aboriginal object.

Penalties

Knowingly harming an Aboriginal object will attract a penalty of $275,000 (1yr imprisonment) for individuals or $1,100,000 for Corporations. Unknowingly harming an Aboriginal object without having completed due diligence attracts a penalty of $55,000 for individuals or $220,000 for Corporations.

Why choose Talking Walls consultants and archaeologists for your Aboriginal Heritage Inductions and assessments?

TheTalking Walls team is unique in that our consultants typically have commercial and residential construction experience on top of being archaeologists and historians. As a result, we understand the frustrations involved in inducting new staff and contractors throughout the project. Inductions should be easy to understand, concise, to the point, and simple to repeat. Talking Walls designs the induction with this in mind and provides the tools and materials to make your job easier.

Talking Walls aims 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.

Call us to discuss your project.