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Aboriginal Cultural Heritage
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NSW Minerals Industry Due Diligence Code of Practice for the Protection of Aboriginal Objects
(click on the image above to download a copy)
The minerals industry is a key stakeholder in the protection and preservation of Aboriginal heritage. The NSW Minerals Council (NSWMC) is committed to ensuring that Aboriginal heritage is appropriately managed while the industry maintains its ability to operate effectively.
The NSW Minerals Industry Due Diligence Code of Practice for the Protection of Aboriginal Objects (Minerals Code of Practice) has been developed to assist the minerals industry exercising due diligence when carrying out activities that may harm Aboriginal objects.
Under the National Parks and Wildlife Act 1974 (NPW Act), including the 2010 amendments, it is an offence to harm an Aboriginal object:
- Which the person knows is an Aboriginal object (a ‘knowing offence’)
- Whether or not a person knows it is an Aboriginal object (a ‘strict liability offence’).
If a person or company can demonstrate that they exercised due diligence and determined that it was unlikely that Aboriginal objects would be harmed, then they have a defence against the strict liability offence of the NPW Act. The Minerals Code of Practice sets out a procedure which, when followed, will satisfy the due diligence requirement.
The Minerals Code of Practice has been developed by NSWMC and is largely based on the generic Due Diligence Code of Practice for the Protection of Aboriginal Objects in NSW, produced by the Department of Environment, Climate Change & Water in 2010 (now the Office of Environment & Heritage). Examples specific to the minerals industry have been included to simplify and clarify the process for the NSW minerals industry. The Minerals Code of Practice has been produced in consultation with NSWMC members, DTIRIS (formerly Industry and Investment NSW), the Office of Environment & Heritage (formerly Department of Environment, Climate Change and Water) and the Department of Planning & Infrastructure (formerly NSW Planning). Any enquiries regarding the practical application of the Minerals Code of Practice should be addressed to the Office of Environment & Heritage.
The Code of Practice provides guidance on legislative requirements and conditions but does not provide legal advice.
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