If you’re a property owner in Queensland, you’ll need to familiarise yourself with the state’s proposed changes to the Cultural Heritage Guidelines, which would require you to address indigenous cultural heritage.

Last month, the government of Queensland published an issues paper proposing key changes to the existing Cultural Heritage Duty of Care Guidelines under the Aboriginal Cultural Heritage Act 2003 (Qld). The government is inviting submissions that must be made by June 1.

The proposed changes would increase compliance responsibilities and obligations when intensifying, changing, or carrying out development on land in the state. Currently, the guidelines dictate that in developed areas, or where there has been significant ground disturbance in the past, there is generally no need to carry out cultural heritage assessments when undertaking further development on the site.

Under the proposed guidelines, any changes to the land that are inconsistent with earlier usage will be subject to cultural heritage assessment. In other words, unless the new development that is replacing existing development is of a consistent nature (such as demolishing a seven-storey residential building and replacing it with a five-storey office building), a detailed cultural heritage assessment needs to be undertaken.

This enterprise will likely require consultation with the relevant Aboriginal party. This is because the act recognises traditional owners as the primary guardians of Aboriginal cultural heritage.

Examples of when cultural heritage assessment will be required include:

  • Developing farm land as a residential development
  • Developing rural or residential land for higher density development
  • Changing from residential to industrial land
  • Increasing the footprint or gross floor area of established infrastructure, even in built-up areas
  • Intensification of farming practices

Under the proposed changes, developers and landowners will also be required to document in detail their approach to complying with their duty of care in cases where it’s decided by the developer that further assessment isn’t needed. It’s very likely the new guidelines will specify the extent and type of consultation that will be required to meet the new duty of care obligations.

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