The cultural heritage duty of care in Queensland
Under the Aboriginal Cultural Heritage Act 2003 and the Torres Strait Islander Cultural Heritage Act 2003, anyone carrying out an activity in Queensland must take all reasonable and practicable measures to ensure it does not harm Aboriginal or Torres Strait Islander cultural heritage. This guide explains what that means on a project. It is general information only, not legal advice.
What the duty covers
The duty applies to everyone, whether or not the land has known sites, and whether or not the cultural heritage is recorded on a register. It covers objects, places and evidence of Aboriginal or Torres Strait Islander occupation that are significant.
How projects usually meet it
The Queensland Government publishes duty of care guidelines that describe reasonable and practicable measures for different types of activity. Many projects also meet the duty through an agreement with the Aboriginal party or an approved cultural heritage management plan.
- Check the registers and the Aboriginal party for the area
- Consider how much the land has already been disturbed
- Consult the Aboriginal party where the activity could cause harm
- Agree how the work will be done, including surveys and monitoring
- Keep records that show what was done and when
Historical heritage
Places on the Queensland Heritage Register and important archaeological places are protected under the Queensland Heritage Act 1992. Councils also list local heritage places in their planning schemes.
Official sources
Check these sources for the current position and guidelines.
- Cultural heritage duty of care: https://www.qld.gov.au/firstnations/environment-land-use-native-title/cultural-heritage/cultural-heritage-duty-of-care
- Cultural heritage laws in Queensland: https://www.qld.gov.au/firstnations/environment-land-use-native-title/cultural-heritage/queensland-legislation
Frequently asked questions
Does the duty apply if there are no registered sites?
Yes. Registers are not complete, so the duty applies whether or not anything is recorded.
Who is the Aboriginal party for our site?
It depends on native title and the register for the area. We can check this as part of a heritage due diligence assessment.