A NSW Government website
Environment and Heritage
Environment and Heritage

Due Diligence Code of Practice for the Protection of Aboriginal Objects in New South Wales

This code of practice sets out a process for individuals and organisations to follow to determine whether an Aboriginal object will be harmed by an activity, whether further investigation is needed, and whether the application to harm requires an Aboriginal heritage impact permit. A key step in the due diligence process is to check for Aboriginal sites on the Aboriginal Heritage Information Management System.
Publisher: Department of Environment, Climate Change and Water
Cost: Free
Language: English
ISBN: 978-1-74232-941-3 / ID: DECCW20100798
File: PDF 1.09 MB / Pages 33
Name: due-diligence-code-of-practice-aboriginal-objects-protection-100798.pdf
 
Tags: Code of practiceFinal

The Due Diligence Code of Practice for the Protection of Aboriginal Objects in New South Wales can be used by individuals or organisations considering undertaking activities that could harm Aboriginal objects.

The National Parks and Wildlife Act 1974 (NPW Act) provides that a person who exercises due diligence in determining that their actions will not harm Aboriginal objects has a defence against prosecution if they later unknowingly harm an object without an Aboriginal heritage impact permit.

The NPW Act allows for a generic code of practice to explain what due diligence means. Carefully following this code of practice, which is adopted by the National Parks and Wildlife Regulation 2009 made under the NPW Act, would be regarded as ’due diligence‘. This code of practice can be used for all activities across all environments.