Laws for Indigenous Finds
In every state and territory of Australia, it is a legal requirement to report any Indigenous objects or sites that you discover.
If you find an Indigenous artefact or site:
DO NOT DISTURB
RECORD THE DETAILS
SEEK ADVICE
Know the rules.
In every state and territory of Australia:
It is an offence to destroy or damage an Indigenous object or site (this can include moving or collecting an object)
You can be issued with hefty fines and face jail time for the deliberate destruction or damage to Aboriginal heritage objects or sites.
If you do find an Aboriginal site or object on your property, you can work with the relevant heritage body to safeguard the object. This can include returning the object to relevant traditional owners, creating a co-management plan with the local Indigenous community, or avoiding potentially damaging activities (e.g., ploughing, mining, construction) in the area where the site or object is located.
If you find an Indigenous artefact or site, it won't affect your ownership of the land, but it is important to know what to do so we can preserve its history. Many Indigenous communities would love to start a conversation with you about what you found, and the rich history of the country and people.
So what actually happens if you report an Indigenous artefact or site on your property?
Start the Conversation.
If you think you have any Indigenous artefacts or sites on your property, let your local Indigenous community (e.g., the Local Aboriginal Land Council), or your state heritage body know [see State Legislation below]).
Authentication.
Once notified, someone trained in the identification of Indigenous artefacts or sites will generally come and take a look to authenticate the site - basically to confirm that the material/site is in fact Indigenous material.
Management.
Once authenticated, you and the heritage group you’re working with, can start to think about what can be done to help conserve the material. This might be returning the artefacts to the local Indigenous community, setting up a buffer zone around the site, or another solution decided by you and the Indigenous community to which the material belongs.
State-by-State Legislation
The laws and governing bodies for Indigenous heritage materials varies from state to state. Here we have provided some easy to navigate information on who to contact if you find something in each state, which legislation protects the material, and extra resources where you can find more information.
Who to contact
Heritage in NSW is currently managed by the Department of Climate Change, Energy, Environment and Water, under the Environment and Heritage section. If you find an artefact or site, you are required to contact the Aboriginal Heritage Information Management System (AHIMS) team, who can help you with reporting the find, and future management, care, or repatriation of objects.
Email: heritagemailbox@environment.nsw.gov.au
Phone: 02 9873 8500
If you think that the artefacts or site that you have found are in immediate danger, you can call the Environment Line on 131 555
Legislation
Indigenous artefacts and sites are protected under the NSW Parks and Wildlife Act 1974. If you want to complete work or activities such as ploughing, mining, construction, land clearing, etc. and you have Indigenous artefacts or sites on your land, you are required to apply for a permit.
You can access the permit application here: https://www.environment.nsw.gov.au/topics/heritage/apply-for-heritage-approvals-and-permits/aboriginal-objects-and-places/apply-for-an-ahip
Other Resources
Who to contact
ACT Heritage is the governing body for Indigenous artefacts and sites. If you find an artefact or site, you are required to contact ACT Heritage within 5 working days of your discovery. This does not apply to Traditional Ownwers affiliated with the land where the object/site was found. This team can help you with reporting the find, and future management, care, or repatriation of objects.
Website: https://www.environment.act.gov.au/heritage/heritage-in-the-act
Email: heritage@act.gov.au
Phone: 13 22 81
Legislation
Indigenous artefacts and sites are protected under the Heritage Act 2004. If you want to complete work or activities such as ploughing, mining, construction, land clearing, etc. and you have Indigenous artefacts or sites on your land, you are required to apply for a permit.
You can access the permit application here: https://www.legislation.act.gov.au/DownloadFile/af/2014-108/current/PDF/2014-108.PDF
Other Resources
Who to contact
First Peoples – State Relations (previously called Aboriginal Victoria) is the governing body for Indigenous artefacts and sites. The Heritage Register team can help you with reporting the find, and future management, care, or repatriation of objects.
Website: https://www.firstpeoplesrelations.vic.gov.au/report-and-protect-possible-aboriginal-place-or-object
Email: vahr@dpc.vic.gov.au
Phone: 1800 762 003
Legislation
Indigenous artefacts and sites are protected under the Aboriginal Heritage Act 2006. If you want to complete work or activities such as ploughing, mining, construction, land clearing, etc. and you have Indigenous artefacts or sites on your land, you are required to apply for a permit.
You can access the permit application here: https://www.firstpeoplesrelations.vic.gov.au/cultural-heritage-permit
Other Resources
Who to contact
The Department of Seniors, Disability Services, and Aboriginal and Torres Strait Islander Partnerships is the governing body for Indigenous artefacts and sites. They suggest that you initially contact the Aboriginal Party in the area where the find was made. Aboriginal Parties and their contact details can be located using the public map available through the Department’s Aboriginal and Torres Strait Islander cultural heritage online portal (below). This team can help you with reporting the find, and future management, care, or repatriation of objects.
Website: https://culturalheritage.datsip.qld.gov.au
Email: cultural.heritage@dsdsatsip.qld.gov.au
Phone: 1300 378 401
Legislation
Indigenous artefacts and sites are protected under the Aboriginal Cultural Heritage Act 2003 and the Torres Strait Islander Cultural Heritage Act 2003. If you want to complete work or activities such as ploughing, mining, construction, land clearing, etc. and you have Indigenous artefacts or sites on your land, you are required to apply for a permit.
You can access the permit application here: https://www.qld.gov.au/firstnations/environment-land-use-native-title/cultural-heritage/cultural-heritage-management-plans
Other Resources
Who to contact
The Heritage Branch of the Northern Territory Government is the governing body for Indigenous artefacts and sites. This team can help you with reporting the find, and future management, care, or repatriation of objects.
Email: heritage.branch@nt.gov.au
Phone: 08 8999 5039
Legislation
Indigenous artefacts and sites are protected under the Heritage Act 2011. If you want to complete work or activities such as ploughing, mining, construction, land clearing, etc. and you have Indigenous artefacts or sites on your land, you are required to apply for a permit.
You can access the permit application here: https://nt.gov.au/__data/assets/word_doc/0008/200114/application-to-carry-out-work-on-a-heritage-place-or-object.docx
Other Resources
Who to contact:
The WA Legislation recently underwent changed. The Aboriginal Cultural Heritage Act 2021 was repealed and an amended version of the Aboriginal Heritage Act 1972 is currently in place. The Department of Planning, Lands and Heritage governs Indigenous artefacts and sites. This team can help you with reporting the find, and future management, care, or repatriation of objects.
Email: AboriginalHeritage@dplh.wa.gov.au
To check if there is Aboriginal heritage on your land, undertake a search using the Aboriginal Cultural Heritage Inquiry System (ACHIS). This system should be checked anytime before you plan an activity that may imapact the land. If there is not a risk to Aboriginal heritage then you may not need a permit, however, you can enquire with the Heritage team if you have questions or are not sure.
Legislation
Indigenous artefacts and sites are protected under the Aboriginal Heritage Act 1972. If you want to complete work or activities such as ploughing, mining, construction, land clearing, etc. and you have Indigenous artefacts or sites on your land, you are required to apply for a permit.
Find out more about Heritage Approvals, including how to apply for an activity permit here: https://www.wa.gov.au/government/document-collections/aboriginal-heritage-approvals
Other Resources
Who to contact:
The Aboriginal Affairs and Reconciliation team (part of the Department of Premier and Cabinet - SA Government) is the governing body for Indigenous artefacts and sites. This team can help you with reporting the find, and future management, care, or repatriation of objects.
Email: aar.conservation@sa.gov.au
Legislation
Indigenous artefacts and sites are protected under the Aboriginal Heritage Act 1988. If you want to complete work or activities such as ploughing, mining, construction, land clearing, etc. and you have Indigenous artefacts or sites on your land, you are required to apply for a permit.
You can access the permit application here: https://www.dpc.sa.gov.au/__data/assets/pdf_file/0015/34602/FactSheet_ProjectPlanning.pdf
Other Resources
Who to contact:
The Aboriginal Heritage Tasmania team is the governing body for Indigenous artefacts and sites. This team can help you with reporting the find, and future management, care, or repatriation of objects.
Website: https://www.aboriginalheritage.tas.gov.au/cultural-heritage
Email: aboriginal@heritage.tas.gov.au
Phone: 1300 487 045
Legislation
Indigenous artefacts and sites are protected under the Aboriginal Heritage Act 1975. If you want to complete work or activities such as ploughing, mining, construction, land clearing, etc. and you have Indigenous artefacts or sites on your land, you are required to apply for a permit. The first step to getting this permit is to do a property search to check if there have been any previous Aboriginal sites or objects recorded on or near your property.
You can access the property search portal here: https://www.aboriginalheritage.tas.gov.au/propertysearch/
Other Resources
This information was last updated 03/03/2022. The above information and resources are to act as a guide only and cannot be used as legal advice.
FACT CHECK: While we strive to provide accurate and honest information that is based on current literature,legislation and resources, we may not always get it right. If you see something that doesn’t look right, please contact us!