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FAQs

Frequently Asked Questions

What legislation applies in my jurisdiction?

Australia’s cultural heritage is protected through a combination of Commonwealth, state and territory legislation, each with its own regulatory requirements. Nationally, the Environment Protection and Biodiversity Conservation Act 1999 and the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 provide overarching protection for places of World, National and Commonwealth heritage significance, and allow federal intervention where necessary.
 
In Victoria, Aboriginal cultural heritage is managed under the Aboriginal Heritage Act 2006 and Aboriginal Heritage Regulations 2018, which require Cultural Heritage Management Plans (CHMPs) for high‑impact activities in areas of cultural heritage sensitivity.
 
In New South Wales, heritage protection is governed by the National Parks and Wildlife Act 1974 for Aboriginal heritage and the Heritage Act 1977 for historic heritage.
 
Queensland regulates Aboriginal and Torres Strait Islander cultural heritage under the Aboriginal Cultural Heritage Act 2003 and Torres Strait Islander Cultural Heritage Act 2003, placing a duty of care on land users.
 
Western Australia manages heritage under the Aboriginal Heritage Act 1972 (with ongoing reform) and protects historic heritage through the Heritage Act 2018.
 
South Australia’s Aboriginal Heritage Act 1988 provides automatic protection for Aboriginal sites, while historic heritage is managed under the Heritage Places Act 1993.
 
Tasmania administers Aboriginal heritage through the Aboriginal Heritage Act 1975 and historic heritage under the Historic Cultural Heritage Act 1995.
 
In the Northern Territory, the Heritage Act 2011 and Aboriginal Land Rights (NT) Act 1976 regulate protection, while the ACT manages cultural heritage through the Heritage Act 2004.
 
Many jurisdictions also have associated regulations for each piece of legislation. 

Cultural heritage requirements are very different across Australian states and territories, and the obligations for developers can vary significantly. ACHM works nationwide and brings deep familiarity with the statutory frameworks that apply to each jurisdiction.

Our team ensures your project meets all legislative requirements through concise, fully compliant reporting and rigorous project oversight.

ACHM values respectful, meaningful engagement with Traditional Owners across Australia. Our teams work collaboratively by listening to local perspectives, maintaining strong relationships, and ensuring cultural values are accurately documented and respected. We combine national expertise with local insight, supported by offices across multiple states.
 
We manage scheduling, communication, and logistics, ensuring Traditional Owner representatives can meaningfully participate in fieldwork and decision‑making processes. This approach ensures that all parties are heard and cultural values are protected.

A Cultural Heritage Management Plan (CHMP) is a written report designed to assess whether a project is likely to have an impact on an area of Aboriginal cultural heritage significance or value.

A CHMP outlines what measures can be taken to avoid impacts to the heritage place or value or recommends management techniques during and after an activity to minimise disturbance or damage to cultural heritage. A CHMP must be prepared by a Heritage Advisor in conjunction with Registered Aboriginal Parties (where they exist) or Aboriginal community representatives.

An Area of Cultural Heritage Sensitivity in Victoria is land identified in the Aboriginal Heritage Regulations 2018 as being more likely to contain Aboriginal cultural heritage. These areas include specific landforms and zones such as land within 200 metres of waterways, 50 metres of registered Aboriginal cultural heritage places, and a range of defined landforms like ancient lakes, coastal land, dunes, stony rises and more.
 
These areas are mapped to determine when a Cultural Heritage Management Plan (CHMP) is required—specifically, when a high‑impact activity is proposed within them. Even where land has been modified, an area remains sensitive unless it can be demonstrated that it has been subject to Significant Ground Disturbance, as defined in the Regulations.
A high impact activity in Victoria is any land‑use or development activity defined under the Aboriginal Heritage Regulations 2018 as having a higher likelihood of harming Aboriginal cultural heritage.
 
An activity becomes high impact when it meets specific regulatory triggers—such as subdivision into three or more lots or works that require an Earth Resource Authorisation and will result in significant ground disturbance, including quarrying or extraction activities.
 
When a high impact activity is proposed within an area of cultural heritage sensitivity, a Cultural Heritage Management Plan (CHMP) is mandatory before any works can proceed. This framework ensures that culturally significant landscapes are properly assessed and protected prior to development. For example, 
 
  • Subdivision into three or more lots – This is explicitly identified as a high impact activity under Regulation 49, meaning a CHMP is required if the land is also in an area of cultural heritage sensitivity.
  • Quarrying, mining or extraction works requiring an Earth Resource Authorisation – These activities are high impact where they will result in significant ground disturbance, triggering the need for a CHMP.
  • Construction of major infrastructure or works that significantly disturb the ground – Large‑scale development activities listed in Division 5 of the Regulations are treated as high impact when proposed in sensitive areas.
A key consideration in Victoria’s cultural heritage framework is whether an activity area has been subject to Significant Ground Disturbance (SGD).
 

SGD refers to substantial prior modification of the land, where past works have removed or disturbed the natural soil profile to the extent that Aboriginal cultural heritage is unlikely to remain intact. 

In practice, this determination is made through a formal due‑diligence process, which assesses whether ground conditions have already been altered—such as through deep excavation, major construction works, or other substantial earthmoving. 

Where an area is found to have undergone Significant Ground Disturbance, a Cultural Heritage Management Plan may not be required, as reflected in a due‑diligence assessments that concludes the area in question has been subject to Significant Ground Disturbance.
 
Determining whether SGD has occurred is a formal process guided by extensive practice notes from Aboriginal Victoria, requiring clear evidence such as construction records, geotechnical reports or historical imagery to demonstrate that substantial mechanical disturbance has taken place. 
 
When proven, SGD may mean that part of an activity area is no longer considered an area of cultural heritage sensitivity, and is exempt from the requirements for a CHMP – however this only applies within the exact footprint of the disturbance, with undisturbed areas still protected under the Act.
 
Other jurisdictions do not rely on regulated definitions of previous ground disturbance.  
 

A CHMP is required if all or part of the proposed activity is:

  • Within an area of Cultural Heritage Sensitivity, that has not previously been subjected to Significant Ground Disturbance; and
  • All or part of the proposal is a High Impact Activity.

In Victoria, the thresholds for both matters are strictly controlled by the Aboriginal Heritage Act 2006 and the Aboriginal Heritage Regulations 2018.

Other jurisdictions are usually not as proscriptive, but the need for a CHMP may be a requirement of the relevant statutory approvals.  

  • Victoria – Registered Aboriginal Parties (RAPs) are the statutory Traditional Owner bodies appointed under the Aboriginal Heritage Act 2006 (Vic). RAPs are the recognised guardians and decision‑makers for Aboriginal cultural heritage and evaluate CHMPs within their appointed boundaries.
  • New South Wales – NSW does not have RAPs. Cultural authority is held by Local Aboriginal Land Councils (LALCs) under the Aboriginal Land Rights Act 1983 and by Registered Aboriginal Owners under NSW cultural heritage legislation. They provide cultural knowledge, consultation, and decision‑making roles in heritage assessments.
  • Queensland – Prescribed Bodies Corporate (PBCs) / Registered Native Title Bodies Corporate (RNTBCs) hold and manage Native Title rights for Traditional Owners and act as the key cultural authority under the Aboriginal Cultural Heritage Act 2003 (Qld).
  • Northern Territory – The NT uses Land Councils under the Aboriginal Land Rights (Northern Territory) Act 1976. These land councils represent Traditional Owners, manage land use, and are major cultural heritage decision‑makers.
  • Western Australia – WA does not have RAPs. Cultural authority sits primarily with Prescribed Bodies Corporate (PBCs) under the Native Title Act 1993 and Traditional Owner groups recognised through the Aboriginal Cultural Heritage Act framework.
  • South Australia – Native Title Bodies Corporate & Aboriginal Representative Groups – SA relies on Prescribed Bodies Corporate (PBCs) for cultural authority, supported by state‑recognised Aboriginal organisations involved in heritage management under the Aboriginal Heritage Act 1988.
  • Tasmania – Cultural heritage matters are guided by Aboriginal organisations such as the Aboriginal Land Councils (ALCT and TAC) under the Aboriginal Heritage Act 1975 (Tas).
  • Australian Capital Territory – The ACT does not have RAPs. Cultural heritage consultation occurs with registered Aboriginal organisations under the Heritage Act 2004 (ACT).

A Heritage Advisor in Victoria is a registered cultural heritage professional—typically qualified in archaeology, anthropology, history, or with extensive experience in Aboriginal cultural heritage—who is authorised under the Aboriginal Heritage Act 2006 to investigate, assess, and manage Aboriginal cultural heritage, including the preparation of Cultural Heritage Management Plans and the provision of expert guidance to land managers, developers, and Traditional Owners to ensure culturally informed and legally compliant heritage outcomes.
 

ACHM’s team meet or exceed the requirements for registration in Victoria.

There are no other such requirements for registration in other states.  

Alongside a simple description of your project, ideally, you will be able to supply us with your property boundary and the design(s) of the proposed activity you intend to undertake. If you have an architect or town planner, they will have the data available as CAD files, and we can seamlessly use those files. If you don’t have the data, we can create the necessary spatial data using our industry standard ESRI suite of Geographic Information System (GIS) products.

To ensure legislative compliance and superb accuracy, we own and operate current generation RTK DGPS units for data collection. These state of the art DGPS allow us to collect data guaranteed to be accurate to <10cms. 

Our highly skilled GIS team produce 100% accurate data, maps and map products for all projects.

Yes.

In most jurisdictions, it is an offence to intentionally, recklessly or negligently fail to comply with any conditions in a CHMP.

A CHMP in Victoria can be amended, but only within 5 years of its original approval, after which it remains valid but cannot be altered; amendments during that period may revise conditions, clarify methodologies, or update compliance requirements, and sponsors may also discontinue an amendment process if needed. A Heritage Advisor will need to be engaged to undertake any amendments.

In Victoria, a CHMP must be approved by the relevant Registered Aboriginal Party (RAP), where one exists. Where no RAP exists, the Secretary of the DPC, or in certain circumstances the Minister or the Aboriginal Heritage Council may approve the Plan. 

In other states, there are different approaches to undertaking and implementing CHMP’s.

A Preliminary Aboriginal Heritage Test (PAHT) is a voluntary, formal evidence-based assessment process used in Victoria to determine whether a Cultural Heritage Management Plan (CHMP) is required for a proposed activity under the Aboriginal Heritage Act 2006.

It provides certainty to project proponents (“sponsors”) by allowing the Secretary of the Department of Premier and Cabinet / First Peoples–State Relations to certify whether a CHMP is needed before proceeding with a planning permit or other statutory authorisation.

The burden of proof in determining if a CHMP is required lies with the sponsor. 

Factors which make PAHT exemptions difficult to obtain include:

  • Where the site history is unclear or sensitive.
  • Where ground disturbance cannot be categorically proven.
  • Where Traditional Owner consultation reveals heritage concerns.
  • Where the evidence provided does not meet the Secretary’s standards.
Unintentional discoveries of Aboriginal cultural heritage can occur during ground disturbance, construction, land management, or infrastructure works. These finds may include stone artefacts, shell middens, scarred trees, cultural objects, or ancestral remains. Under Australian law Aboriginal cultural heritage is usually protected, and all works must stop immediately when a suspected heritage object or place is uncovered.
 
If you find Aboriginal cultural heritage during your project, the following general steps should be taken:
 
  •           Stop work immediately
  •           Protect and cordon off the area (i.e. demarcated buffer zone)
  •           Notify supervisor / internal chain of authority
  •           Record basic information (no disturbance)
  •           Notify relevant state Aboriginal heritage authority
  •           Wait for specialist/authority assessment and advice
  •           Follow formal instructions / permits
  •           Do not resume until formal clearance is given
  •           Respect confidentiality and cultural protocols
  •           Document the incident and update project systems
Do not contact the media. 
Pricing for surveys, assessments, excavation, and CHMP preparation is variable, and is based on the scope of work, field assessment requirements, Traditional Owner consultation requirements, and statutory deliverables.
 
Because ACHM provides a comprehensive suite of services—from surveys to GIS mapping and reporting—we can prepare accurate, transparent quotes early in project planning.

Our fees are highly competitive, reflecting our commitment to providing exceptional value without compromising on quality. But cultural heritage management is never just about price—it is about experience, insight and the proven ability to navigate complex legislative, cultural and practical requirements.
 
With over 25 years of specialist expertise across Australia, we ensure clients receive not only cost‑effective services but the confidence that their project is being guided by advisors who understand the nuance, responsibility and depth required to do the job properly.

ACHM are fully insured. We carry $10m Professional Indemnity and $20m Public Liability insurances, all relevant Workers Compensation insurances, alongside extensive business, motor vehicle and travel insurances.

Fieldwork generally includes pedestrian surveys, site recording, mapping, and sometimes controlled excavation.
 
ACHM deploys state‑of‑the‑art equipment—including digital recording tools, GIS systems, and mechanical sieves—allowing us to document cultural features efficiently and accurately.

Alongside our ‘state of the art’ information technology, spatial data capture equipment and communications infrastructure, ACHM owns and maintains a wide range of gear to undertake any cultural heritage management task. Our field equipment includes 4×4 vehicles, a wide range of archaeological excavation equipment, two different types of mechanical sieves and a complete range of digital site recording equipment.

ACHM actively identify and manage all risks associated with any project from inception. Our aim is to identify, manage or mitigate all risks associated with a project so as to ensure the safe, timely and efficient delivery of the desired project outcomes. 

We believe that a pro‐active, rigorous and realistic approach to risk management not only creates value for our clients, but ensures the seamless and timely delivery of projects.

Our team strive to provide value for money through increased efficiency and effectiveness in all our work, particularly our communication with stakeholders, through innovation and through robust financial control of project budgets. 

Our time is your money so we always seek to reduce costs and increase efficiency wherever possible. We always provide services which are fit for purpose, high quality and timely. Wherever possible, we seek to ‘value add’ to projects through education, publication, research or innovation.

Our team offers you the benefit of our unrivalled experience obtained in completing over 5,000 cultural heritage management projects for developers, industry, Traditional Owners and government across Australia. 

ACHM manages a world class portfolio of projects for clients such as Woodside Energy Limited, Rio Tinto, BHP, Glencore, Fortescue, Hancock Prospecting, ElectraNet SA, VicRoads, Transport SA and many other organizations involved in developing or accessing land.

Absolutely.
 
ACHM regularly collaborates with architects, planners, ecologists, engineers, and legal teams to ensure heritage requirements are considered early and incorporated smoothly into broader project workflows.
 
Heritage, ecology, and geotechnical investigations often overlap in timing or spatial scope. ACHM coordinates with other specialist teams to minimise duplication, prevent delays, and ensure safe, compliant work programs.

We believe that the health and safety of our people is our most important priority. We expect our staff to undertake all business activities within a ‘zero risk – zero harm’ framework and we provide them with all the necessary management tools, safe work procedures and equipment to ensure this outcome. 

ACHM have a comprehensive HSE system ensuring all work is conducted safely. We have a zero-tolerance policy towards drugs and alcohol in the workplace and conduct regular random testing of staff to ensure compliance. 

ACHM is certified to ISO 45001: 2018.

Our management team is committed to the principles of continuous improvement. We achieve our quality objectives through a structured continuous improvement program that ensures consistent quality and continual improvement of our services and products. This helps reduce costs, improves productivity and reduces waste. 

We have implemented a quality management system that ensures the quality of all our services. All employees are committed to the ACHM quality policy and are aware of its benefits to our clients, process improvement and the goals and objectives of our firm.

ACHM is certified to ISO 9001:2015.

We seek to reduce our overall environmental footprint while delivering exceptional value to our clients. We conduct all our activities with the aim of minimising any adverse effects on the environment. 

We believe excellence in environmental performance is essential to our business success and is also essential to balancing the economic, social and environmental needs of sustainable development. We aspire to be the ‘consultant of choice’ for our clients because of our environmental credentials. 

ACHM is certified to ISO14001:2015.

We believe that outstanding customer service is the lifeblood of our business. We listen to our clients and always respond to questions or concerns promptly. We never make promises we can’t keep, and we always deliver what we promised at the agreed time.

ACHM employs a highly qualified team of cultural heritage professionals, allowing us to provide comprehensive and flexible service for any project, anywhere. Our senior people are leaders in their respective fields with international research and publication records. 

We also regularly work in multi‐disciplinary teams on larger projects. Our pragmatic solutions, strategic thinking and broad industry experience will prove invaluable to your project.

ACHM employ highly qualified and experienced consultants in all our offices. Our minimum qualification for staff is an Honours Degree in Archaeology or cognate discipline, which is also the minimum standard to be a registered Heritage Advisor in Victoria. The Project Manager assigned to your project will meet all the requirements for undertaking the required tasks and will always be supervised by a senior project manager.

Our Senior Management Group are a rare combination of academic achievement and pragmatism. Senior staff hold PhD qualifications in Australian anthropology or archaeology. One is an ‘expert’ member of the International Committee on Archaeological Heritage Management (ICHAM) and a Fellow of the Australian Anthropological Society. This means that you have direct access to leaders and pragmatic innovators in the cultural heritage management profession.

ACHM are held in very high regard by industry, government and stakeholder groups throughout Australia.

We are happy to provide you with a range of referees who you can contact to discuss our firm, what we do and how we do it. 

Manage Cultural Heritage with Confidence

ACHM is here to help. Call us today on 1300 724 913 or email us for more information.

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