Approvals process for archaeological works
Aboriginal and historic heritage materials can be found on or under the ground in the ACT.
The Heritage Act 2004 (the Act) protects registered heritage places and objects, and Aboriginal places and objects irrespective of whether they are also registered on the ACT Heritage Register. It's illegal to damage these places or objects or reduce their heritage value, unless approved by the ACT Heritage Council (the Council).
Approval for work at heritage sites involves research, assessment, and planning. This is especially true for proposed greenfield development sites. It ensures that the work meets community expectations.
There are 5 key stages and approvals required for work affecting archaeological sites:
- Cultural Heritage Assessment (CHAs) endorsed by the Council
- Excavation Permit approved by the Council
- Statement of Heritage Effect (SHE) approved by the Council
- Development Approval (DA) under the Planning Act 2023, and
- Where applicable, a Conservation Management Plan (CMP) approved by the Council.
Application forms are available for download:
Where required, development approval is obtained through the Territory Planning Authority.
The Council reviews these applications as soon as possible after receiving them. Where a development application is made, the Council must also provide advice within 15 or 20 working days.
Consultation with Representative Aboriginal Organisations
Representative Aboriginal Organisations (RAOs) are declared under the Act, and are consulted by the Council when making decisions about Aboriginal heritage places and objects.
For all applications relating to Aboriginal cultural heritage, including Cultural Heritage Assessments that consider Aboriginal cultural heritage:
- Applicants should consult with RAOs to seek their views on cultural significance and appropriate management.
- Applications should describe consultation with and the participation of Representative Aboriginal Organisations in the preparation of the report.
- Applications should include all written and oral comments by RAOs on the project.
Process for undertaking archaeological works
Cultural Heritage Assessment report
The first step in any archaeological or ground disturbance work is to prepare a cultural heritage assessment for the development footprint, to understand its historical background and context, and any likely archaeological or subsurface remains. A cultural heritage assessment will comprise a desk-top study and a pedestrian transect survey.
This assessment may indicate the need for further investigation, through a range of mechanisms which might include artefact analysis, oral histories, community consultation, and/or further historical, environmental or other research. Recommendation for further investigation may also include the need for archaeological excavation.
Cultural heritage assessments must be provided to the Council for endorsement.
In some cases the cultural heritage assessment may lead straight to a Statement of Heritage Effect, by-passing the need for Excavation Permit.
Excavation permit application
Where archaeological excavation is needed to understand the heritage significance of an area, an application must be made to the Council for their issuing of an excavation permit.
The cultural heritage assessment may form the basis of the application. The application must outline the excavation methodology to be used.
The outcomes of an archaeological excavation are described in a report to the Council, and inform decisions made about the area.
The outcomes may also form the basis of a Statement of Heritage Effect, where heritage impacts are proposed.
Statement of Heritage Effect application
Where heritage impacts are proposed, a Statement of Heritage Effect (SHE) is prepared for the Council’s approval, clearly explaining the full nature of the proposed impacts and why those impacts cannot be avoided.
Ways of minimising damage to the site is also identified in the SHE. This may include a protocol for any unanticipated heritage discoveries during works, to ensures that a plan is in place to respond to heritage finds.
The results of the cultural heritage assessment, and any archaeological excavation, will largely determine how the proposed works at the site should proceed.
SHEs are approved by the Council where it is satisfied that impacts are justifiable, and that there are no feasible alternatives. In approving a SHE, the Council may impose conditions to minimise and mitigate heritage impacts, such as surface survey and collection. A protocol for unanticipated discoveries will form a part of any approval.
Development application
Where development approval is required, a development application is made to the Territory Planning Authority.
When applications relate to heritage, they are referred to the Council for advice, and the planning authority considers that advice in their decision.
Where heritage impacts are proposed, an approved SHE and any conditions required by the Council may form part of a decision by the Territory Planning Authority .
Where a protocol for unanticipated heritage discoveries has not already been prepared, it may form part of conditions of DA approval.
Conservation Management Plan application
Conservation Management Plans are prepared by heritage owners, and describe how they will conserve and responsibly manage a heritage place.
Where prepared, they are submitted to the Council for approval.
This information is for general guidance and should not be relied upon for specific legal matters covered by the Act.
Contact
Phone: 13 22 81
Email: heritage@act.gov.au