Protecting Aboriginal cultural heritage NSW

NSW Governments commits to ongoing discussions with Aboriginal communities to better understand how Aboriginal cultural heritage in NSW can be celebrated and protected.

Aboriginal artwork with water, land and Community symbols to represent Aboriginal Cultural Heritage

Acknowledgement

Acknowledgement

Aboriginal Affairs NSW acknowledges the Traditional Custodians of the lands where we work and the places in which we live. We pay respect to Ancestors and Elders past and present. We recognise the unique cultural and spiritual relationship and celebrate the contributions of First Nations peoples to Australia.

Aboriginal cultural protection in NSW

Aboriginal culture in NSW is strong even though it has faced a history of rejection. Aboriginal people are the continuing custodians of their heritage. 

Communities celebrate culture through storytelling, language and connection to country. This includes deep relationships to cultural land, practices, and materials. Aboriginal people have been calling for change for years to protect their culture.

Aboriginal Affairs NSW helps with programs and laws aimed at making these changes. It is important to ensure that the new system meets the needs of Aboriginal people. We can do this through listening to community.

Communities each have different and unique challenges in maintaining cultural heritage. We recognise how communities already protect and share their culture. 

Aboriginal symbols of land, water and Community representing Aboriginal Cultural Heritage

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Park rangers and government officials opening the park, standing near the plaque marking the area as Aboriginal land.

What are the ACH reforms?

The Aboriginal Cultural Heritage reform process is part of the NSW Government’s commitment to ongoing dialogue with Aboriginal communities. It will give better understanding of how to protect and celebrate Aboriginal culture.

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Two Aboriginal women standing side by side smiling

Aboriginal Cultural Heritage Information System

The ACH Information System will be a digital solution that enables the Aboriginal community to manage their information on Country

Planning & cultural heritage

The Government has recognised that current Aboriginal cultural heritage policies need improvement. A major reform process is underway. Aboriginal people will play an important role in the management of their cultural heritage and in the planning of their land.

It is important that Aboriginal cultural heritage is considered throughout planning and developments. The planning system must also recognise the economic potential of land owned by the Aboriginal community.

The NSW Aboriginal Land Rights Act 1983 provides that Aboriginal Land Councils’ can:

  • protect the culture and heritage of Aboriginal persons in NSW, subject to any other law
  • promote awareness in the community of the culture and heritage of Aboriginal persons in NSW.

Hunting, fishing, and gathering permits

Access to land for Aboriginal people to hunt, fish or gather can be negotiated by Local Aboriginal Land Councils (LALCs). Any agreements must not break any other laws, rules, or regulations.

When agreements cannot be negotiated, access permits may be issued by the Land and Environment Court. The process to get a permit from the court is set out in section 48 of the Aboriginal Land Rights Act 1983.

A group of people listening to a young man speaking, standing near a cliff overlooking the water

Treaty

The NSW Government is consulting with Aboriginal communities over 12 months on desire for Treaty. This is led by three independent Treaty Commissioners.

The Commissioners will be co-designing and conducting an approach for community consultation. This will see whether NSW Aboriginal communities want a Treaty or agreement-making process. It will also help decide what that will look like.

Commissioners will be appointed for two-years and will provide reports directly to the Minister for Aboriginal Affairs and Treaty. They are supported by a discrete secretariat based in Aboriginal Affairs NSW.

More information

Applications for Treaty Commissioners closed on Friday 17 May 2024 and are now being reviewed.

If you have any questions, please email treaty@aboriginalaffairs.nsw.gov.au

An aboriginal man in traditional paint holding up a burning pile of leaves and wood for a smoke ceremony.

Contact Aboriginal Affairs

Office address: Level 6, 201 Coward Street, Mascot NSW 2020

Postal address: PO Box 207, Mascot NSW 2020

Phone:1800 019 998Business hours: 9am – 5pm Monday to Friday

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