Aboriginal Cultural Heritage Act 2003

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Aboriginal Cultural Heritage Act 2003 is Queensland law designed to protect Aboriginal cultural heritage across the state. It was enacted on 6 November 2003 and began in April 2004.

A core part of the Act is the duty of care. It requires everyone in Queensland to take reasonable and practical steps to ensure their activities on any land do not harm Aboriginal cultural heritage. If people fail to do this, they can be prosecuted and face fines: up to A$75,000 for individuals and up to A$750,000 for corporations.

The Act was shaped by past events, including the Broadbeach burial ground excavation in 1965 and the repatriation and reburial of remains in 1988. It followed earlier protections for Aboriginal sites, starting with the Aboriginal Relics Preservation Act 1967 and later the Cultural Record (Landscapes Queensland and Queensland Estate) Act 1987, which were replaced by the 2003 Act.

Aboriginal cultural heritage is defined broadly to include significant objects and places, and evidence of Indigenous occupation. Examples include rock shelters, carved or scarred trees, engravings, paintings, shell middens, fish traps, grinding grooves, earth and stone arrangements, and other artifacts.

The Parliament aimed to provide blanket protection for all of Queensland’s Aboriginal cultural heritage, whether or not land users are aware of it. The law makes the duty of care a constant requirement for anyone doing work on land anywhere in Queensland.