Aboriginal Cultural Heritage Assessment in NSW
Under the National Parks and Wildlife Act 1974, it is an offence to harm an Aboriginal object or place, whether or not you knew it was there. That risk sits with the person doing the work. A due diligence check before any ground disturbance is how you show you took reasonable steps, and it is the first thing most councils and certifiers expect.
Free planning consultation
- 1 to 4 weeks
- Quoted per site - typically from $1,200 + GST
- Quoted fixed after a free scope check
Due diligence, assessment and permit: three different things
Due diligence follows the Due Diligence Code of Practice for the Protection of Aboriginal Objects in NSW. It starts with an AHIMS database search and a desktop review of the land and its disturbance history, and often ends with a conclusion that no further work is needed. If risk is flagged, a site inspection follows. A full Aboriginal cultural heritage assessment report, with community consultation, is needed where harm cannot be avoided and you must apply to Heritage NSW for an Aboriginal Heritage Impact Permit. Most small projects stop at due diligence.
What triggers the check
Excavation, clearing, subdivision and works on land that is undisturbed, near waterways, on sandstone with rock shelters, or on ground with mapped sites or high potential. Previously disturbed land, such as an established house block, often has lower risk, but the disturbance has to be demonstrated, not assumed.
What we do
We run the AHIMS search, review aerial imagery, landforms, soils and past use, and decide the right level of assessment. If a site visit is warranted, we coordinate a qualified archaeologist and, where required, Aboriginal community consultation. You receive a report you can give to council or your certifier. The report and any consultation record sit with the consent file. Bushland sites often need a biodiversity assessment at the same time, so we scope the two together.
What affects the price and timing
Fees start from $1,200 + GST. A desktop due diligence takes 3 to 5 days. A site inspection adds 1 to 2 weeks, and a full assessment with consultation takes longer, as consultation periods are set by the process. We fix the fee after a free scope check and tell you early if a permit looks likely.
How it works
Due diligence and database search
3 to 5 days
AHIMS search and desktop review to assess likelihood of Aboriginal objects on site.
Site inspection, if triggered
1 to 2 weeks
A site inspection and, where warranted, Aboriginal community consultation follows if due diligence flags potential risk.
Documentation
3 to 5 days
Findings documented to demonstrate compliance with the due diligence process.
What we take off your hands
What EHUP handles
- Running the due diligence process, including an AHIMS database search
- Determining whether your site needs only desktop due diligence or a fuller assessment
- Coordinating Aboriginal community consultation where the process requires it
- Preparing the documentation council or the certifier needs to confirm compliance
What you don't have to deal with
- Ground disturbance without the due diligence step that protects you from a Harm offence
- An assessment more involved than your site's actual risk profile requires
Frequently asked questions
Do I need due diligence for a house extension?
If it involves ground disturbance, council or your certifier may expect it. On heavily disturbed lots the check is usually quick.
What happens if a site is found?
Works near it may have to change or stop, and a permit may be needed. Finding out before you start is much cheaper than finding out during excavation.
Is an AHIMS search enough?
It is the start. A search showing no sites does not mean none exist, because the database only holds recorded sites.
Who has to consult the Aboriginal community?
The proponent, following the consultation requirements that apply to permit applications. We manage this for you where it is needed.
Related approvals
Biodiversity Assessment Report
A biodiversity development assessment report, or BDAR, is required when a development triggers the NSW Biodiversity Offsets Scheme.
Specialist Reports
Most applications of any size need reports from specialists outside town planning.
Flood Study Report
If your property is mapped within a council's flood planning area, a flood study or, for a simpler site, a flood advice letter assesses your flood risk and determines requirements like minimum habitable floor levels, flood-compatible materials below that level, and safe access and egress.
Construction Management Plan
A construction management plan, or CMP, is the document council reads to decide whether your build will disrupt the street.
Plan of Management
A Plan of Management is a legally binding operational document council attaches as a condition of consent, setting out how you will manage what a DA assessment cannot fully control on paper - noise, security, crowd behaviour, cleaning and responsible-service staff training.
Why clients choose EHUP
- 10+
- 250+
- 17
- 1
Not sure which approval you need?
Tell us the address and what you want to do. We'll help identify the appropriate planning pathway, whether it is exempt development, complying development or a full DA. Your first conversation is free.