As of July 1 this year, the Aboriginal Cultural Heritage Act came into effect. Designed to recognise and preserve the cultural heritage of Aboriginal and Torres Strait Islander communities, its primary goal is to recognise, protect and preserve their unique traditions, artifacts and sacred sites. Residential or rural properties under 1,100sqm aren’t affected by the Act but those that are 1,100sqm or greater are.

Properties over 1,100sqm
If your property is over 1,100sqm and you are keen to develop it, be sure to check if it’s in a cultural heritage area. Many properties of this size don’t come under the Act but if yours does and you wish to develop the site, there are several things you will have to do.

Firstly, you need to carry out a Due Diligence Assessment (DAA) to ensure that your plans don’t affect Aboriginal cultural heritage and if they do you may be required to adjust them, get a permit or put a management plan in place. The government’s three-tiered system is designed to help property owners determine the steps to take.

Additionally, you can check if your WA property is in a cultural heritage area here.

Exemptions from the Act
The Act has a range of exemptions, and most activities related to residential properties are exempt. Exemptions include building a home, general maintenance, maintaining existing water and electricity as well as installing a patio, pool, carport, veranda, deck or granny flat.

Farmers that are working on established paddocks (in the way they have been previously) are exempt from the Act too.

However the rubber really hits the road if you’re looking to build new works on larger properties – from amalgamating blocks to building villa-style housing, larger developments will require approval should the land be in an Aboriginal cultural heritage area.

What does the Act mean for buyers and sellers?
When it comes to buyers, real estate agents are obliged to tell prospective purchasers if the property they are selling is subject to the Act.

As for sellers, if you are trying to sell a property or block of land that is 1,100sqm or larger and is being marketed for potential subdivision you should check if the property is exempt from the Act. While you are under no obligation to do so, informing potential buyers as to whether your property is subject to the Act could avoid further issues down the track.

Penalties
Violating the Act and damaging a cultural heritage site has significant penalties that range from $25,000 to $1 million for individuals and $250,000 to $10 million for corporations. In some instances, prison sentences could be imposed too.