Aboriginal cultural heritage sites are governed by numerous pieces of legislation, as well as various policy and planning documents. In NSW, Aboriginal heritage is principally protected by two pieces of legislation, the National Parks and Wildlife Act (1974) and the Environmental Planning and Assessment Act (1979). Development applications lodged with the City of Canada Bay must comply with this legislation.
Aboriginal objects occur across the City of Canada Bay. Some sites are known and there is also the possibility that further objects could be discovered.
Known sites can be found on the Aboriginal Heritage Information Management System (AHIMS) which is managed by the NSW Office of Environment and Heritage. AHIMS is a digital database that stores information about Aboriginal cultural heritage across New South Wales, including recorded sites, archaeological reports and cultural heritage assessment reports.
Known sites require an Aboriginal Heritage Due Diligence Assessment to be completed by a qualified specialist. This must be lodged with a development application. The Due Diligence Code of Practice for the Protection of Aboriginal Objects in New South Wales has been prepared by the NSW Office of Environment and Heritage and must be followed.
If harm to Aboriginal objects is unavoidable, an Aboriginal Heritage Impact Permit (AHIP) must be obtained. This triggers an integrated development application process with the City of Canada Bay and Heritage NSW.
A development site may not have an identified Aboriginal object but there may be a reasonable likelihood that Aboriginal objects could be found on the site. An Aboriginal heritage due diligence assessment would also be required for these sites. It is recommended that you contact Council’s Heritage Coordinator by calling 9911 6555 to determine if your site will require an Aboriginal heritage due diligence assessment.
If you unexpectedly discover an Aboriginal object during any construction, operation and maintenance works you must ensure adherence to the National Parks and Wildlife Act (1974). Your first step is to stop work and secure the area. The next step is to contact Heritage NSW on 9873 8500 and to follow their instructions.