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  5. Indigenous heritage laws

Sidebar first - EN - Heritage

  • Laws and notices
    • World heritage laws
    • Overseas heritage laws
    • National heritage laws
    • Commonwealth heritage laws
    • Indigenous heritage laws
      • Protection under state and territory laws

Indigenous heritage laws

Generally Australia’s state and territory governments are responsible for the protection of Australia’s Indigenous heritage places. All states and territories have laws that protect various types of Indigenous heritage.

The Commonwealth is responsible for protecting Indigenous heritage places that are nationally or internationally significant, or that are situated on land that is owned or managed by the Commonwealth. This protection operates under the Environment Protection and Biodiversity Conservation Act 1999.

Environment Protection and Biodiversity Conservation Act

The Environment Protection and Biodiversity Conservation Act 1999 establishes the National Heritage List, which includes natural, Indigenous and historic places that are of outstanding heritage value to the nation. Under the EPBC Act there are penalties for anyone who takes an action that has or will have a significant impact on the Indigenous heritage values of a place that is recognised in the National Heritage List.

The Act also establishes the Commonwealth Heritage List, which includes places on Commonwealth lands and waters or under Australian Government control that have Indigenous heritage significance.

In addition the Act protects heritage on Commonwealth land and from actions undertaken by the Commonwealth.

  • Find out more about the Environment Protection and Biodiversity Conservation Act 1999

The Aboriginal and Torres Strait Islander Heritage Protection Act

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (ATSIHP Act) can protect areas and objects that are of particular significance to Aboriginal and Torres Strait Islander people. The ATSIHP Act allows the Environment Minister, on the application of an Aboriginal or Torres Strait Islander person or group of persons, to make a declaration to protect an area, object or class of objects from a threat of injury or desecration.

To find out how you can make an application under the ATSIHP Act, refer to the ATSIHP Act guidelines and application form.

Other relevant Commonwealth laws

Other Commonwealth laws regulate aspects of Indigenous Heritage, including the export of Aboriginal objects and the recognition of Aboriginal land rights and native title, including:

  • Protection of Movable Cultural Heritage Act 1986
  • Aboriginal Land Rights (Northern Territory) Act 1976
  • Native Title Act 1993
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Last updated: 03 November 2021

© Department of Agriculture, Water and the Environment

We acknowledge the Traditional Owners of country throughout Australia and recognise their continuing connection to land, waters and culture. We pay our respects to their Elders past, present and emerging.