Why do we need a new Aboriginal Heritage Act?
Tasmania's Aboriginal heritage is irreplaceable and holds deep significance for Aboriginal people.
The existing legislation protecting Aboriginal heritage in Tasmania, the Aboriginal Heritage Act 1975, is extremely outdated. It is ineffective both in protecting Aboriginal heritage and in providing a clear legal framework for land use.
A 2021 Review of the Aboriginal Heritage Act 1975 found that further amendments could not effectively improve the Act, recommending complete replacement with modern law.
The Aboriginal Heritage Bill 2026 addresses this need, meeting a Government commitment to modernise Tasmania's legal framework to protect and manage Aboriginal heritage.
The new Bill recognises:
- Tasmanian Aboriginal people as the custodians of their heritage
- Aboriginal heritage is living and continuous, and
- Tasmanian Aboriginal people are necessarily central to decision making on cultural heritage
When is the Bill likely to come into effect?
The new Act is expected to come into effect, either fully or in part, from 2027, subject to the Bill's passage through Parliament.
Will there be a transition period?
Yes, there will be a period between the Parliamentary approval and commencement to enable the transition to the new regulatory framework.
There will also be transitional arrangements – for instance, to allow existing permits and processes to continue under the current legislation.
When will implementation details be released?
Implementation and administrative details will be outlined in Regulations and Ministerial guidelines, as these may need to be updated more regularly than in a typical legislative reform timeframe.
Draft Regulations, accompanied by a Regulatory Impact Statement, are expected to be released for public consultation before the Bill is debated. Parliament’s consideration will therefore be able to take into account all relevant details.
How have Tasmanian Aboriginal people been involved in creating the Bill?
Many Tasmanian Aboriginal people and organisations have shaped the Bill’s development. Continuing engagement is seen as critical to determining the shape of a final Bill.
How do Tasmanian Aboriginal people get to make decisions about their culture and heritage?
Under the Bill, the Aboriginal Heritage Council will be the key regulatory body. The Council will comprise between five and seven Aboriginal people with appropriate skills. The Council will have the authority to make decisions on protecting and managing Aboriginal heritage.
The Council's new authorities include:
Assessing and approving Aboriginal Heritage Permit applications
Negotiating and approving Aboriginal Heritage Management Plans
Overseeing the new statutory Aboriginal Heritage Register, including assessing nominations for listing
Are there accountability mechanisms for Council decisions?
The Bill sets out how the Council will make its decisions including matters for consideration, and the introduction of statutory timeframes for permits.
Administrative decisions may be appealed to the Tasmanian Civil and Administrative Tribunal.
How will the Bill affect individual property owners?
As is the case now, individual property owners will not be affected unless proposing a new activity that may impact on Aboriginal heritage. Permits will not be needed for ongoing activities that only continue to disturb the ground in a similar way.
Property owners will be able to check in advance via a new online tool linked to the statutory Aboriginal Heritage Register about the potential for Aboriginal heritage.
If a Permit is required, the Bill allows for administrative Permits for minor or routine matters.
As is the case now, if unrecorded Aboriginal heritage is found, it must be reported and authorisation given before any activity that may disturb it proceeds.
The Bill does not grant Aboriginal people right of access to land for traditional use, although it does provide for Aboriginal Heritage Agreements that can formalise voluntary arrangements to address such issues.
Will the Bill slow down development approvals?
The Bill sets out clearer requirements and assessment processes for protecting Aboriginal heritage and for authorising impacts if they cannot be avoided.
The Bill will introduce legislated timeframes for approvals and provide appeal rights for key decisions.
Importantly, it will operate within Tasmania’s existing Resource Management and Planning System, which guides fair, orderly and sustainable development.
How will Aboriginal cultural heritage be managed for industry?
The same guidance applies as for individuals. As under the current Act, business or industries must not interfere with Aboriginal heritage and need to report it when found. And if it appears impossible to avoid interference, authorisation must be sought.
The new Act introduces new tools to help manage heritage for all land uses, including:
Permits for individual heritage sites or lower-impact activities, and
Management Plans for larger and more complex activities or long-term projects and programs
Industries that have specific provisions now, should see continuity in how they address the risks of possible interference with Aboriginal heritage.
Mining exploration activities will continue to operate under the Mineral Exploration Code of Practice, as they do currently. This Code provides guidance on addressing heritage matters and ensures that explorers seek the necessary advice and, if required, the appropriate authorisations for their activities. It is expected to be adopted under the new Aboriginal Heritage Act. Operating in compliance with the Code will continue, in effect, to constitute due diligence.
Similarly, forestry activities will be subject to compliance with the Forest Practices System under the new Act, as they are currently. The “Procedures for managing Aboriginal heritage in Forest Practices Plans” are expected to be adopted. However, as with all industry guidelines and codes, these are expected to be updated from time to time in order to reflect best practice knowledge and decision making.
When is an Aboriginal Heritage Management Plan required?
When a proposed activity poses a significant risk to Aboriginal heritage, an Aboriginal Heritage Management Plan assessment is required to manage that risk. This need is usually determined by the scale of the activity, and the complexity or sensitivity of the affected heritage.
In these cases, a detailed assessment of potential impacts is required, along with clear measures for protecting and managing the heritage.
In practice, this is not a major change – complex permits issued under the existing 1975 Act function much like management plans. The new legislation makes:
The requirements for activities requiring assessment clearer;
The process more transparent, and
All parties more accountable
How will Aboriginal Cultural Heritage Management Plans work?
Management Plan assessments will be mandatory when specific triggers are met, and optional when complex heritage issues are likely and early planning is desirable to avoid future delays.
The new Act also allows:
Proponents and the Aboriginal Heritage Council must work together to create a Management Plan that avoids harm where possible and minimises or mitigates harm when harm is unavoidable. The plan will set out all required protection measures.
If agreement isn't reached, the proponent may apply to the Minister, who will make the decision considering the same criteria that the Council applies, and Council's advice, and provide reasons.
The Bill will also provide for voluntary Aboriginal Heritage Agreements, enabling long‑term protection and management for heritage values.
These agreements won't authorise unlawful actions but offer a framework for landowners and Aboriginal people to agree on access and management.
Why do we need a statutory Aboriginal Cultural Heritage Register?
Under the Bill, a statutory Aboriginal Cultural Heritage Register will be created to support heritage protections and processes.
The new Register will have clear rules about its purpose, how information is managed, and who can access it. The Aboriginal Heritage Council will help develop the policies and guidelines needed to operate it.
Having a new Register, including some public‑facing access, will make it easier to identify Aboriginal heritage early in the development assessment process.
Why is Macquarie Island specifically excluded from the operation of authorisations under the Bill?
Macquarie Island is never thought to have been occupied by Aboriginal people. Its exclusion from the need for authorisation acknowledges the unique character of this part of Tasmania.
Aboriginal Land is also excluded according to the provisions of the Bill subject to certain criteria.