Before you start any new development or changes in land use on your property, you must assess its potential impact on Aboriginal Cultural Heritage on the land by following the due diligence process as outlined by the Due Diligence Code of Practice for the Protection of Aboriginal Objects in New South Wales.
A simple assessment process can determine whether the planned development or land use:
- is low impact or
- carries a risk of damaging cultural heritage.
Following the due diligence code of practice will minimise potential harm and provide evidence against any liability if a case of unintended harm occurs.
Below, we explain why assessments matter, how due diligence works, and what steps to follow.
If you discover cultural heritage objects or sites on your property, see the finding cultural heritage page. Support is always available to help you identify, document, and protect these important places.
Benefits of respecting cultural heritage
Before doing an assessment, it's important to understand more about the benefits of cultural preservation.
Respecting Aboriginal Cultural Heritage on your farm has several benefits:
- Preserving history: By protecting cultural sites and objects, you help preserve the history and traditions of Aboriginal communities.
- Community relationships: Respecting cultural heritage promotes mutual understanding and cooperation.
- Legal compliance: Following due diligence and respecting cultural heritage ensures you comply with legal requirements, avoiding potential fines or legal issues.
- Sustainable land use: Incorporating local heritage values intoland management practices can lead to more sustainable and environmentally friendly farming methods.
Check if the activities are low or high risk
The following list shows examples of common on-farm activities and their impact on the land.
If the proposed activity is low impact and within an already disturbed area, there’s a reduced risk of harming objects.
If the proposed works are in an undisturbed area and are not low impact activities, you must follow the Due Diligence Checklist.
Activities that may have disturbed the land:
- Soil ploughing
- Construction of rural infrastructure (for example, dams and fences)
- Construction of roads, trails, and tracks
- Clearing of vegetation
- Construction of buildings
- Construction of utilities and other similar services
- Construction of earthworks.
Low impact activities on disturbed land:
- Cropping and leaving paddocks fallow
- Construction of water storage works (e.g., dams and water tanks)
- Construction of fences
- Construction of irrigation infrastructure, groundwater bores, or flood mitigation works.
Low impact activities on any land:
- Maintenance of water storage works, irrigation infrastructure, groundwater bores, or flood mitigation works, fences.
- Erosion control or soil conservation works.
- Vegetation removal with minimal disturbance to the surrounding ground surface.
- Environmental rehabilitation work, including temporary silt fencing, tree planting, bush regeneration, and weed removal, grazing.
Follow Due Diligence if required
If the proposed works are in an undisturbed area and are not low impact activities as listed in the previous step, you will need to proceed to the Due Diligence Checklist.
Following this code of practice for the protection of Aboriginal objects will help you exercise due diligence. The steps include:
- Identifying whether Aboriginal objects are, or are likely to be, present in an area.
- Determining whether the activities are likely to harm Aboriginal sites or objects (if present).
- Determining whether an AHIP application is required.
Using the Due Diligence Framework
"Due Diligence" refers to assessing the effects of development or work activities on Aboriginal sites and objects. Before starting any on-ground activities, you must show that you have assessed the likelihood of these activities damaging or moving objects or places of Aboriginal Cultural Heritage.
Also see:
Addressing common queries
There are some common misunderstandings about Aboriginal cultural protection on farms. The following addresses these concerns.
Will my farm be claimed?
Having culturally significant sites on your property will not affect your private ownership and, in many cases, will not prevent existing land use practices from continuing. There’s no legislation in NSW or Australia that allows Aboriginal claims to private freehold land. This is the case even if your property contains Aboriginal sites and objects of cultural value or has high significance to the local Aboriginal community.
Can anyone access on-farm Aboriginal sites?
Aboriginal communities are interested in protecting Aboriginal sites of significance in the best possible way. Having cultural values on your land does not give people automatic access to sites without permission. Communities are interested in sharing cultural knowledge with landowners and protecting cultural sites together.
More information
You can find out more about the cultural layer of the landscape by talking with your local Aboriginal community. You are also encouraged to contact:
- Traditional Owner Groups
- Local Aboriginal Lands Councils
- National Parks and Wildlife Act 1974
Contact Local Land Services NSW
Our team welcome your enquiries, feedback and comments.
Local Land Services is moving to nsw.gov.au. During the change, you might find the information you are looking for at lls.nsw.gov.au