Nothing about your current obligations has changed. If your development may harm Aboriginal objects, you still manage that through due diligence and, where required, an ACHAR and an AHIP under the National Parks and Wildlife Act 1974. Don’t delay a project in anticipation of new law — assess under the rules that are actually in force.
NSW (with the ACT) has long been noted as one of the few jurisdictions without dedicated First Nations cultural heritage legislation. Reform has been pursued for over a decade, building on the draft Aboriginal Cultural Heritage Bill 2018, and the NSW Government has stated a commitment to deliver standalone legislation within the current parliamentary term. As at the date of this article, no Act is in force.
Because this is a moving area, we review this page regularly and will update it if and when legislation is introduced or passed. If you want certainty for a specific site under the law as it stands today, talk to us.
This article is general information, current as at 03 June 2026, and is not legal advice. For advice on your specific circumstances, consult a qualified heritage professional or lawyer.
As of 2026, no. NSW does not have a standalone Aboriginal cultural heritage Act in force. Aboriginal objects and places continue to be protected under the National Parks and Wildlife Act 1974.
The NSW Government has committed to delivering standalone Aboriginal cultural heritage legislation, building on the draft Aboriginal Cultural Heritage Bill 2018, but no Act has yet been passed. We update this page when the position changes.
Speak with the COLCO team, led by Dr Sophie Collins — senior heritage expertise for the capital region. Canberra-based, servicing the ACT and NSW.
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