Duty of care
Guidelines (PDF, 160K)* setting out reasonable and practical measures for meeting the duty of care established by the Aboriginal Cultural Heritage Act 2003 (Qld) (PDF)* were gazetted on 16 April 2004.
If followed, they ensure strict compliance under the Act. They include photographs of the types of heritage referred to in paragraph 6.0 of the guidelines.
The legislation:
- provides blanket protection of areas and objects of traditional, customary, and archaeological significance
- recognises the key role of traditional owners in cultural heritage matters
- establishes practical and flexible processes for dealing with cultural heritage in a timely and cost- effective way
- establishes a Cultural Heritage Register and Cultural Heritage Database. For information from these sources, download a search request form (PDF, 170K)*
- replaces cultural heritage ‘permitting arrangements’ with the duty of care, cultural heritage management planning process, and other agreement-based mechanisms
- makes preparation of a cultural heritage management plan mandatory where an approval requires an environmental impact statement
- increases penalties for harming Aboriginal and Torres Strait Islander cultural heritage or breaching the duty of care (maximums $750 000 for a corporation, and $75 000 for an individual).
* Requires Acrobat Reader
Last updated: 16 March 2009