Woollahra Municipal Council Aboriginal Heritage Due Diligence Assessment

Attachment 10: of the DA Guide

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Woollahra Aboriginal Heritage Due Diligence Assessment

When applying for a Development Application (DA) in the Woollahra Council area you may be requested to provide an Aboriginal Due Diligence Assessment if the site is in, or near, an area of Aboriginal Heritage Sensitivity. This assessment may become part of the ‘conditions of consent for approval.

In Attachment 10: Aboriginal Heritage Impact Assessment of the DA Guide it is recommended that all DA applicants undertake Aboriginal heritage Due Diligence in accordance with the Heritage NSW Code of Practice.

Even in the circumstance that you are not required to undertake an Aboriginal Heritage Impact Assessment (AHIA), it is recommended by the Woollahra Municipal Council that Aboriginal Heritage Due Diligence still be undertaken. In this circumstance, there will be no need to present a Due Diligence assessment to the Council as part of a development application unless it is requested, but it will provide DA applicants with a defence to the offence of unknowing harm if Aboriginal objects are unexpectedly found during construction works.

Need an Aboriginal Heritage Due Diligence Assessment?

1300 931 796

What does Aboriginal Heritage Due diligence involve?

Research and Contextual Analysis: The review of existing data. This includes consulting relevant registers that document known Aboriginal heritage sites and understanding the historical and cultural context of the area.
Site Inspection: If a closer examination of the property is deemed necessary, then a site inspection is arranged. A vital component of the AHIA is the on-ground inspection. This physical examination helps identify any previously undocumented sites and assesses the potential impact of the proposed activity on known sites. This due diligence assessment may be accompanied by a representative of the La Perouse Local Aboriginal Land Council. The necessity of this is based on a case-by-case basis.

if the Council does not require an Aboriginal Heritage Due Diligence or Impact Assessment does this protect you Legally?

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

Woollahra Municipal Council Recommends all applicants undertake an Aboriginal Heritage Due Diligence Assessment.

It is recommended that all applicants undertake Aboriginal heritage Due Diligence in accordance with the Heritage NSW Code of Practice. This does not need to be presented to the Council as part of a development application but will provide proponents with a defence to the offence of unknowing harm if Aboriginal objects are unexpectedly found during construction works.

a Woollahra Aboriginal Heritage Due Diligence Assessment

This assessment is completed and compiled by a qualified Talking Walls archaeologist. It involves reviewing existing literature, previous studies, and available databases such as AHIMS to understand the archaeological context of the area.

Talking Walls specialises in Woollahra Municipal Council Aboriginal Heritage Due Diligence Assessments

Talking Walls is based in Surry Hills, only 2 km from the Woollahra LGA. This is important because the Eastern Suburbs of Sydney has a very unique landscape and Aboriginal history when compared to other parts of Sydney. In this area, your heritage consultant needs to have experience working with sandy soil landscapes, sandstone valleys, and local ecological habitats. Without this experience, you risk facing significant delays to your DA, or worse, heavy fines if the assessment has not been conducted properly.

Our goal is to ensure all parties involved achieve a suitable outcome from the assessment process. Our purpose is to help you get your DA approved by making sure all the Council’s requirements are met, the LALALC are confident their heritage is protected and we can offer practical solutions when they are required.