Our primary objective is to protect and preserve Aboriginal cultural heritage, under s23 of the Aboriginal Cultural Heritage Act 2003 (ACHA). Compliance requires recognizing and respecting sites, objects, and practices that hold cultural significance to Aboriginal peoples. It is our legal obligation to take all reasonable and practicable measures to ensure that any activities do not harm Aboriginal cultural heritage. This includes both tangible heritage, such as artefacts and sites, and intangible heritage, such as traditions and practices.

To comply with the Aboriginal Cultural Heritage Act 2003 (ACHA), it is essential to adhere to the duty of care provisions, engage in consultation with Aboriginal parties, develop and implement Cultural Heritage Management Plans (when required). Compliance with these key parts of the ACHA ensures the respectful and lawful management of Aboriginal cultural heritage.

• Preventing Harm: The ACHA mandates that individuals and organizations take all reasonable steps to avoid harming Aboriginal cultural heritage. This includes not disturbing, damaging, or destroying any site or object of cultural significance without proper authorization.

• Duty of Care Guidelines: The Act provides guidelines to help individuals and organizations determine what actions are necessary to fulfill their duty of care regarding Aboriginal cultural heritage. Compliance with these guidelines helps in avoiding harm to cultural heritage during activities such as construction or land development.

• Identification and Involvement of Aboriginal Parties: This part outlines the process for identifying the appropriate Aboriginal parties (traditional owners or custodians) who should be consulted about cultural heritage matters. Consultation is crucial when there is a possibility that activities (like construction, development, or land use changes) may impact cultural heritage. Compliance involves ensuring that Aboriginal communities are informed and involved in decision-making processes. Our experienced team can effectively navigate this process on behalf of Aboriginal parties or Proponents.

• Documentation: Compliance requires keeping accurate records of any cultural heritage assessments, consultations, and management activities. This includes documenting the outcomes of consultations and the measures taken to protect cultural heritage.

• Cultural Heritage Management Plans: A CHMP is required for certain activities, especially those that are likely to have a significant impact on cultural heritage. The CHMP must be developed in consultation with the relevant Aboriginal parties and approved by the appropriate authority.

• Following CHMP Guidelines: Once a CHMP is in place, compliance involves strictly following the guidelines and procedures outlined in the plan to protect cultural heritage during the course of the project or activity.

• Notifying Authorities: If cultural heritage is discovered during an activity, the Act may require you to notify the relevant authorities and Aboriginal parties immediately, and to halt any activities that could harm the heritage until proper assessments and approvals are obtained.