All Aboriginal objects and places are protected in NSW under the National Parks and Wildlife Act 1974. Changes to the National Parks and Wildlife Act in October 2010 increased penalties and introduced strict liability offences for harming Aboriginal objects and places.
Check records for known Aboriginal heritage
It is an offence to damage known Aboriginal heritage unless the work is listed in the legislation as ‘exempt’. Crown land managers must continually check for locations of known Aboriginal heritage in the Aboriginal Heritage Information Management System (AHIMS), which is maintained by NSW Environment and Heritage.
Such heritage is categorised as either an ‘Aboriginal object’ or an ‘Aboriginal place’. You must get an Aboriginal heritage impact permit from the Department for work that may affect such objects and places.
For access to AHIMS, phone 02 9585 6345, or visit the Aboriginal Heritage Information Management System.
Investigate for unknown Aboriginal heritage
It is an offence to harm (even unintentionally) Aboriginal heritage that was not known, unless you can prove that you acted with due diligence to determine if any such heritage might exist before carrying out any work. The only exception is where the work is listed in the legislation as ‘exempt’ or ‘low impact’, or the harm resulted in something ‘trivial’ or ‘negligible’.
You should investigate before carrying out any work in areas likely to contain unknown Aboriginal heritage to determine if such heritage might exist.
Refer to the Due Diligence Code of Practice for the Protection of Aboriginal Objects in NSW to help you comply with the legislation. This document also describes common types of Aboriginal objects that you may find.