Version No. 029
Aboriginal Heritage Act 2006
No. 16 of 2006
Version incorporating amendments as at
22 October 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Objectives
4Definitions
5What is an Aboriginal place?
6Who is a native title party for an area?
7Traditional owners
8Heritage significance not affected by damage
9Act does not affect operation of Coroners Act 2008
10Native title rights and interests
11Act binds the Crown
Part 2—Ownership and custody of Aboriginal cultural heritage
Division 1—Underlying principles
12Principles
Division 2—Aboriginal ancestral remains
14Reporting and transfer of Aboriginal ancestral remains in custody of public entities and universities
17Reporting Aboriginal ancestral remains by persons other than coroner
18Council must determine how to act on report
19Transfer of Aboriginal ancestral remains to Council
19ATransfer of Aboriginal ancestral remains to Council by coroner
20What must the Council do with transferred Aboriginal ancestral remains?
20AReporting of interment of Aboriginal ancestral remains outside of an Aboriginal place
Division 3—Secret or sacred Aboriginal objects
21Ownership of secret or sacred objects before the Aboriginal Heritage Amendment Act 2016
21AOwnership of secret or sacred objects after the Aboriginal Heritage Amendment Act 2016
21BWhat must the Council do with transferred secret or sacred objects?
22Return of secret or sacred objects by State entity
23Return of secret or sacred objects by other entities
Division 4—Aboriginal places and objects
24Reporting discovery of Aboriginal places and objects
25Continued use of surface of land
Division 5—Role of the Museums Board
26Role of Museums Board
Part 3—Protection of Aboriginal cultural heritage
Division 1—Protection from harm
27Harming Aboriginal cultural heritage unlawful
28A person must not harm Aboriginal cultural heritage
29When is harm permitted?
30Order to repair or restore Aboriginal cultural heritage
Division 2—Acquisition and grant of land
31Acquisition of Aboriginal place
32Grant of land
Division 3—Control of activities
33Possession of Aboriginal object
34Control of activities
34ASurveys for Aboriginal cultural heritage
35Forfeiture of Aboriginal object to Crown
Division 4—Cultural heritage permits
35ADefinition
36Application for cultural heritage permit
37Restrictions on grant of permit
40Determination of application
41Conditions on cultural heritage permits
41AOffence to fail to comply with cultural heritage permit
41BTransfer of cultural heritage permits
41CAmendments to cultural heritage permits
41DTaking effect of cultural heritage permits
Part 4—Cultural heritage management plans
Division 1—What is a cultural heritage management plan?
42What is a cultural heritage management plan?
43Procedure for assessment
44Who may prepare a plan?
45Voluntary cultural heritage management plan
45AAmendments to approved cultural heritage management plans
Division 2—When is a cultural heritage management plan required?
46Mandatory cultural heritage management plans
47Regulations may require plan
48Minister may require plan
49Plan required if Environment Effects Statement required
49APlan required if impact management plan or comprehensive impact statement is required
Division 2A—Preliminary Aboriginal heritage tests
49BApplication for certification of preliminary Aboriginal heritage test
49CCertification of preliminary Aboriginal heritage test
Division 3—Other authorisations suspended until plan prepared
50Definitions
51Application of Division
52Plan must be prepared before authorisation given
Division 4—Preparation of cultural heritage management plans
53Cultural heritage management plan to be prepared in accordance with prescribed standards
54Notice…