Nothing about your current obligations has changed. If your development may harm Aboriginal objects, you still manage that through due diligence and, where required, an ACHAR and an AHIP under the National Parks and Wildlife Act 1974. Don’t delay a project in anticipation of new law — assess under the rules that are actually in force.
NSW is widely described as the last Australian state yet to enact dedicated, standalone Aboriginal cultural heritage legislation. Most other jurisdictions protect Aboriginal heritage under purpose-built Acts — for example Victoria’s Aboriginal Heritage Act 2006 and Queensland’s Aboriginal Cultural Heritage Act 2003 — whereas in NSW it remains within the National Parks and Wildlife Act 1974, which is primarily flora and fauna legislation.
Reform has been pursued for over a decade, building on the draft Aboriginal Cultural Heritage Bill 2018, and the NSW Government has stated a commitment to deliver standalone legislation. As at the date of this article, no Act is in force, so the existing AHIMS / due diligence / ACHAR / AHIP framework continues to apply.
Because this is a moving area, we review this page regularly and will update it if and when legislation is introduced or passed. If you want certainty for a specific site under the law as it stands today, talk to us.
This article is general information, current as at 15 June 2026, and is not legal advice. For advice on your specific circumstances, consult a qualified heritage professional or lawyer.
As of 2026, no. NSW does not have a standalone Aboriginal cultural heritage Act in force. Aboriginal objects and places continue to be protected under the National Parks and Wildlife Act 1974.
The NSW Government has committed to delivering standalone Aboriginal cultural heritage legislation, building on the draft Aboriginal Cultural Heritage Bill 2018, but no Act has yet been passed. We update this page when the position changes.
Aboriginal objects and places in NSW are protected under the National Parks and Wildlife Act 1974, administered by Heritage NSW. Where a development may harm Aboriginal objects, this is managed through the Due Diligence Code of Practice (2010) and, where required, an Aboriginal Cultural Heritage Assessment Report (ACHAR) and an Aboriginal Heritage Impact Permit (AHIP).
NSW is widely described as the last Australian state yet to enact dedicated, standalone Aboriginal cultural heritage legislation. Other jurisdictions have separate Acts — for example Victoria’s Aboriginal Heritage Act 2006 and Queensland’s Aboriginal Cultural Heritage Act 2003 — whereas NSW still relies on the National Parks and Wildlife Act 1974.
Speak with the COLCO team, led by Dr Sophie Collins — senior heritage expertise for the capital region. Canberra-based, servicing the ACT and NSW.
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