AustraliaAn Aboriginal sacred site exists on my property. What are my obligations?
You must not damage, disturb, or interfere with the Aboriginal sacred site without prior approval from the relevant state or territory Aboriginal heritage authority. Penalties for breach can include heavy fines and imprisonment.
What the Law Says
Aboriginal sacred sites are protected under state and territory laws across Australia. These laws prohibit unauthorised disturbance and require permits for any activity that may affect a registered or declared sacred site.
Each Australian state and territory has its own legislation protecting Aboriginal cultural heritage, including sacred sites. There is no single national law — responsibility lies primarily with state and territory governments.
Protection generally applies whether the site is formally registered, declared, or even just reasonably suspected to exist. Landowners must take reasonable steps to identify and avoid harm to such places.
Penalties vary by jurisdiction but commonly include substantial fines (e.g., up to $1 million in NSW) and imprisonment (up to 10 years in some states). Consent or a permit from the relevant Aboriginal heritage body is almost always required before any ground-disturbing activity.
Statutory TextA person must not damage, disturb or interfere with an Aboriginal place without the consent of the Heritage Council.
— National Parks and Wildlife Act 1974 (NSW), s. 84 — Protection of Aboriginal places
Statutory TextIt is an offence to damage or desecrate an Aboriginal sacred site unless authorised under this Act.
— Aboriginal Heritage Act 1972 (WA), s. 6 — Offence relating to sacred sites
Statutory TextNo person shall damage, destroy, excavate, cut, burn, remove or disturb any Aboriginal site or object without a permit issued under this Act.
— Aboriginal Cultural Heritage Act 2003 (Qld), s. 32 — Offence to damage cultural heritage
What to Do
Contact your state or territory Aboriginal heritage authority to confirm if the site is registered or protected.
Do not undertake any construction, excavation, clearing, or land-use change near the site without written approval.
Seek formal advice or apply for a cultural heritage permit before any potentially impacting activity.
Consult with Traditional Owners or Registered Aboriginal Parties (where applicable) as early as possible.
Keep records of all communications and approvals related to the site.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.