Cultural heritage management plans
Advising Traditional Owner groups and PBCs in the negotiation of CHMPs with proponents and developers under the Aboriginal Cultural Heritage Act 2003 (Qld).
Practice Areas
Aboriginal Cultural Heritage
Advice for Traditional Owner groups and PBCs on cultural heritage management plans, sacred site protection, disputes and compliance under Queensland and Commonwealth law.
The Aboriginal Cultural Heritage Act 2003 (Qld) imposes a duty of care on anyone who may harm Aboriginal cultural heritage. A Cultural Heritage Management Plan (CHMP) is required for higher-risk activities. David Saylor advises Traditional Owner groups on their rights, sacred site protection and CHMP negotiations.
- State regulator
- Queensland DCHDE
- Key legislation
- Aboriginal Cultural Heritage Act 2003 (Qld)
- Commonwealth overlay
- ATSIHP Act 1984 (Cth)
- Applies to
- Land use, development, excavation
What is Aboriginal cultural heritage management and sacred site protection?
Aboriginal cultural heritage is protected in Queensland primarily by the Aboriginal Cultural Heritage Act 2003 (Qld) (ACHA). The ACHA imposes a duty of care on any person carrying out activities that could harm Aboriginal cultural heritage. The threshold is not high: anyone disturbing the ground in an area with known or potential cultural heritage significance must consider that duty.
The ACHA also establishes a process for identifying Aboriginal parties, the mechanism by which Traditional Owners engage with proponents about proposed activities, and the framework under which cultural heritage management agreements and Cultural Heritage Management Plans are negotiated. Sacred site protection, and protection and management of Aboriginal Cultural Heritage, sit at the heart of this framework: the Act recognises that some sites are irreplaceable, and the legal tools available to Traditional Owners to protect and manage Aboriginal Cultural Heritage.
The duty of care
The duty of care under the ACHA requires all persons carrying out activities to take all reasonable and practicable measures to avoid harm to Aboriginal cultural heritage. What is reasonable and practicable depends on the circumstances: the type of activity, the area, and what the person knew or ought to have known about cultural heritage in the area.
Breach of the duty of care can result in significant penalties, including fines and orders requiring restoration of damaged heritage sites. For Traditional Owner groups, a breach may represent the irreversible loss of a sacred or significant place.
Cultural Heritage Management Plans
A CHMP is required when a proposed activity involves a high risk of harm to Aboriginal cultural heritage. The CHMP process involves negotiation between the proponent and the relevant Aboriginal party about how the proposed activity will be managed to protect cultural heritage.
David Saylor advises Traditional Owner groups and PBCs during CHMP negotiations. The process gives Aboriginal parties real leverage to protect significant sites and to obtain commitments from proponents about how activities will be conducted. Getting appropriate legal advice before entering CHMP negotiations means the group understands its rights and is not pressured into an agreement that undervalues those rights.
Sacred site protection
Sacred sites require particular care. Where a proposed activity threatens a site that carries deep cultural or spiritual significance for a Traditional Owner group, the stakes go beyond what a standard CHMP negotiation can address. In those cases, the legal options include seeking injunctions to prevent harm while negotiations continue, and engaging directly with government agencies about the significance of the site.
David advises Traditional Owner groups on sacred site protection within the CHMP and cultural heritage management agreement frameworks, and on the broader legal options where negotiation alone is not adequate to protect a site of particular significance.
Cultural heritage disputes
Where a proposed activity threatens to damage or destroy a site of cultural significance and the parties cannot reach agreement through the CHMP process, legal action may be necessary. A Stop Order can be sought in serious cases where irreplaceable heritage is at immediate risk.
David has experience in disputes involving cultural heritage and can advise on the available legal mechanisms when negotiation has not produced an adequate outcome.
The intersection with native title
Cultural heritage law and native title law overlap closely. The Aboriginal party for CHMP purposes in a determined area is typically the relevant PBC. The holders of native title rights also hold the strongest connection to cultural heritage on Country. David’s integrated knowledge of both areas means he can advise on the combined legal position, not just one dimension of it.
What to do next
If you represent a Traditional Owner group or PBC involved in CHMP negotiations, or if you have received notice of a proposed activity and want to understand your rights, contact David Saylor.
Call (07) 4431 0074 or 0474 244 447, or email david@saylorlegal.com.au.
What we cover
Aboriginal Cultural Heritage, services
Cultural heritage disputes
Representing Traditional Owners in disputes about proposed activities that may harm Aboriginal cultural heritage.
Sacred site protection
Legal advice and representation for Traditional Owners seeking to protect sacred sites from proposed development or interference under Queensland and Commonwealth law.
Duty of care compliance
Advising proponents on their duty of care obligations under the Aboriginal Cultural Heritage Act 2003 (Qld).
FAQ
Common questions
What is the duty of care under the Aboriginal Cultural Heritage Act Queensland?
The Aboriginal Cultural Heritage Act 2003 (Qld) imposes a duty of care on all persons carrying out activities to take all reasonable and practicable measures to avoid harm to Aboriginal cultural heritage. Proponents who breach the duty face significant penalties, including fines and restoration orders.
When is a cultural heritage management plan required in Queensland?
A CHMP is required when a proposed activity involves a high risk of harm to Aboriginal cultural heritage and a less formal agreement, such as a cultural heritage management agreement or a duty of care assessment, is not in place.
Can Traditional Owners stop development that damages cultural heritage?
Traditional Owners can negotiate the terms of a CHMP and may seek a Stop Order in serious cases where irreplaceable cultural heritage is at immediate risk. The legislation does not grant an absolute right of veto, but it does give Traditional Owners meaningful participation rights in how activities affecting their cultural heritage are managed.
Who is the Aboriginal party for cultural heritage purposes in Queensland?
The Aboriginal party is determined by the Queensland Government's cultural heritage register process. Where native title has been determined, the relevant PBC is typically the Aboriginal party.
Where a native title claim is registered, the registered claimant group may have standing.
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