How it works
How heritage approval works in the ACT and NSW
The ACT and NSW run entirely separate heritage systems, under different laws and with different terminology. The ACT’s Heritage Act 2004, CHAs, SHEs and Representative Aboriginal Organisations do not apply in NSW — and the NSW terms ACHAR, AHIP, AHIMS, RAP and Section 60 do not apply in the ACT. Here is each path, kept properly separate.
ACT — Aboriginal and historic heritage
Governing law: Heritage Act 2004, administered by the ACT Heritage Council. The same Act and Council handle both Aboriginal and historic heritage — there is no AHIP, ACHAR, RAP or Section 60 in the ACT.
Check protection status. The Heritage Register and heritage map are reviewed — but all Aboriginal places and objects are protected whether or not they are registered.
Cultural Heritage Assessment (CHA) / Statement of Heritage Effect (SHE). The appropriate assessment is prepared, addressing impacts on heritage significance and how they are avoided or minimised.
Representative Aboriginal Organisation (RAO) consultation. Where Aboriginal heritage is involved, the declared RAOs are consulted and their views documented in the assessment.
Referral & excavation permit. A development application is referred to the ACT Heritage Council for advice; where excavation is required, an excavation permit and methodology are approved by the Council.
Works, management & finds. Agreed management is implemented. Any Aboriginal place or object found must be reported to the Heritage Council within five working days.
NSW — Aboriginal cultural heritage
Governing law: National Parks and Wildlife Act 1974, administered by Heritage NSW. (Not the Heritage Act 1977 — that covers historic heritage.)
Due diligence assessment (where it applies). Following the Due Diligence Code of Practice (2010), an AHIMS search and landform review establish whether Aboriginal objects are likely and whether an AHIP is needed. Note: due diligence is not mandatory and can’t be relied on for declared Aboriginal Places or for major projects, where a full assessment is required regardless.
Aboriginal Cultural Heritage Assessment Report (ACHAR). Where objects are present or likely and may be harmed, an ACHAR is prepared — including a current (under-12-month) extensive AHIMS search, archaeological assessment and a mitigation methodology.
Mandatory Aboriginal community consultation. Run under the Aboriginal Cultural Heritage Consultation Requirements for Proponents 2010, through which Registered Aboriginal Parties (RAPs) register and review the methodology and draft report.
Test excavation, if required. Conducted under the Code of Practice for Archaeological Investigation (2010). Excavation that complies with the Code is excluded from “harm” and does not itself require an AHIP.
AHIP application & works. Where harm is unavoidable, an Aboriginal Heritage Impact Permit is lodged with Heritage NSW; agreed salvage, mitigation and monitoring then proceed under its conditions.
NSW — historic (non-Aboriginal) heritage
Local items: Environmental Planning and Assessment Act 1979 (via council). State Heritage Register items: Heritage Act 1977 (via Heritage NSW).
Locally listed items. A Statement of Heritage Impact accompanies your development application, which the local council determines as consent authority.
State Heritage Register items — Section 60. Works with more than minor impact need approval (applied for under s.60, granted under s.63 of the Heritage Act 1977). Many minor works are covered by standard exemptions; most applications are determined by a delegate of the Heritage Council of NSW.
Historical archaeology (relics). Excavation of relics is separately regulated by an excavation permit (s.140) under the Heritage Act 1977.
Indicative process only — statutory timeframes and minimum consultation periods vary; we confirm the current requirements for your specific site. A project needing a full ACHAR and AHIP in NSW should realistically plan for several months.
Where COLCO saves you time
Most delays come from assessments that prompt further questions, or consultation that wasn’t run correctly. With a former ACT Heritage assessor and NSW-approved Excavation Director preparing your documents, the aim is simple: get it right the first time, so your approval isn’t the thing holding up your project.