Aboriginal heritage

All Aboriginal objects and places in NSW are protected under the National Parks and Wildlife Act 1974 (NPW Act). The NPW Act has, among its objects, the 'conservation of places, objects and features of significance to Aboriginal people.'

Aboriginal sites are recorded on the Aboriginal Heritage Information Management System (AHIMS Register). The AHIMS Register is a statutory online database of recorded Aboriginal places and objects, referred to as Aboriginal sites in NSW. Heritage NSW maintains the AHIMS Register.

Differing from other heritage legislation, the National Parks and Wildlife Act 1974, (NPW Act) which protects both registered and unregistered sites. In the event of a site disturbance (such as proposed development), there are specific landforms determining the potential sensitivity of an area that need to be taken into account in the impact assessment process.

Under the NPW Act it is an offence to ‘harm’ Aboriginal objects either knowingly (s86(1)) or unknowingly (s86(2)). Exercising due diligence is the only way to afford a legal protection to 'unknowing harm' to Aboriginal objects if they are unexpectedly found during construction works.

Activities that will involve harm to an Aboriginal object require an Aboriginal Heritage Impact Permit (AHIP) which can be issued by Heritage NSW for specific Aboriginal objects or for areas of land. In general, an AHIP application for harm to Aboriginal objects can only be submitted to Heritage NSW after development consent has been granted.

Refer to Woollahra development rules to view a copy of the Woollahra Aboriginal Heritage Study report(PDF, 12MB), the Aboriginal heritage sensitivity mapping and Council's DA Guide.