The National Parks and Wildlife Act 1974 protects Aboriginal cultural heritage in New South Wales. We consider applications for proposals that may cause harm to Aboriginal objects and places. Harm is defined to mean destroying, defacing, damaging or moving an object from the land.
Harm to objects and places
If you are proposing works or an activity that may cause harm to Aboriginal cultural heritage, you need to apply for and be granted an Aboriginal heritage impact permit (AHIP) before the work or activity can take place. We assess applications to issue, transfer, vary and surrender AHIPs.
The Applying for an Aboriginal Heritage Impact Permit: Guide for applicants outlines when to apply and when a permit is not required.
Prepare your application
Before you apply for an AHIP you need to prepare essential supporting documents. This information is necessary so we can make decisions.
Your application must provide enough information for us to understand what you are proposing to do, and how any potential impacts to Aboriginal cultural heritage will be addressed.
Please ensure:
- you have all the information required, in digital format
- reports are the final version, not draft
- consultation is complete
- reports, plans and consents are consistent
- all documents comply with the appropriate Heritage NSW guidelines and codes of practice.
Hard copies of documents are not required.
If you submit a complete application, we can more quickly assess it and make a determination.
What you need to do before you submit an application
Integrated development is an efficient way for Heritage NSW and a local council to assess proposals at the same time. It relates to activities or works that require both development consent and one or more other approvals such as an AHIP.
See Integrated development for more information about this process and the benefits.
All AHIP applicants are required to consult with Aboriginal people who hold cultural knowledge that will help to determine the significance of Aboriginal objects and/or places which may be harmed by the proposal. This consultation is in accordance with requirements under the National Parks and Wildlife Regulation 2019.
The Aboriginal cultural heritage consultation requirements for proponents 2010 outlines how to consult with the relevant Aboriginal people. The requirements:
- apply to all activities throughout New South Wales that have the potential to harm Aboriginal objects or places and that require an AHIP
- support other departmental policies and procedures.
Work through the following steps to:
- identify whether Aboriginal cultural values and objects are present
- assess the nature and extent of Aboriginal cultural values and objects
- assess the level of harm the proposal may cause and identify what is avoidable and what is not.
The Due diligence code of practice for the protection of Aboriginal objects in NSW gives guidance on the process to follow to determine if:
- Aboriginal objects are present in an area
- Aboriginal objects will be harmed by an activity
- further investigation is warranted
- an AHIP application is needed.
Following the code of practice can provide a legal defence against prosecution for harming Aboriginal objects if, after following due diligence, it was determined Aboriginal objects were unlikely to be present.
Due diligence is not mandatory and is not required in all circumstances. It cannot be used in some circumstances, for example:
- for Aboriginal Places formally declared under the National Parks and Wildlife Act 1974
- to support planning proposals and major projects.
In these instances, and where Aboriginal objects are present, you must conduct an Aboriginal cultural heritage assessment.
If Aboriginal objects are present in the area relating to your proposal, you must conduct an Aboriginal cultural heritage assessment. An Aboriginal Cultural Heritage Assessment Report is required for several application types such as AHIPs.
The report must be prepared in line with the Guide to investigating, assessing and reporting on Aboriginal cultural heritage in NSW and include our requirements:
- Aboriginal community consultation which follows the consultation requirements in Aboriginal cultural heritage consultation requirements for proponents 2010
- the results of any investigation necessary to clarify the Aboriginal cultural heritage significance of the assessment area which could include:
- an archaeological assessment prepared in line with the Code of practice for the archaeological investigation of Aboriginal objects in New South Wales (usually mandatory)
- a cultural values assessment
- a geomorphological assessment
- an extensive Aboriginal Heritage Information Management System search less than 12 months old (mandatory)
- an arborist report if the archaeological assessment was unable to determine if a modified tree is cultural in origin or management recommendations are required.
- a methodology for any conservation or mitigation activities proposed
- a map of the proposal area that clearly demonstrates:
- the relationship between the proposal area and any Aboriginal Heritage Information Management System registered sites (including extent)
- boundaries of no harm areas and Aboriginal Places, and
- lot and deposited plans, boundaries and labels, north arrow, Map Grid of Australia zones 54, 55 or 56, and map scale
- Aboriginal Heritage Information Management System site cards that have been registered or updated
- development consent and approved stamped plans or a clear statement as to why it is not required
- a letter of support from the relevant collection manager or landholder or manager
- a Care Agreement or letter of support from the Australia Museum if objects will not be returned and buried onsite
- shapefile of the project area using Geocentric Datum of Australia (GDA94), Map Grid Australia zones 54, 55 or 56.
Complete and attach the Aboriginal cultural heritage assessment report cover sheet [DOC 4MB] when submitting an Aboriginal cultural heritage assessment report.
The Code of practice for archaeological investigation of Aboriginal objects in NSW sets out minimum standards for archaeological investigations in New South Wales where an AHIP application is likely to be made, including what is required when doing a test excavation. If test excavations comply with methods set out in the Code of Practice, the testing is excluded from the definition of harm.
Excavations that can be carried out in accordance with the Code of Practice will not need an AHIP.
Excavations that are not carried out in accordance with the Code of Practice, or in areas where the Code of Practice does not apply, will need an AHIP.
To investigate and consult on Aboriginal cultural heritage in New South Wales, refer to:
- Applying for an Aboriginal Heritage Impact Permit guide for applicants
- Guide to investigating, assessing and reporting on Aboriginal cultural heritage in NSW
- Aboriginal cultural heritage consultation requirements for proponents 2010
- Code of practice for the archaeological investigation of Aboriginal objects in New South Wales.