Indigenous Finds

Guidelines for what to do if you find an Indigenous artefact or object, and what laws may apply in your area.

In every state and territory of Australia, it is a legal requirement to report any Indigenous objects or sites that you discover.

 

If you find an Indigenous artefact or site:

  • DO NOT DISTURB

  • RECORD THE DETAILS

  • SEEK ADVICE

 

Know the rules.

 

In every state and territory of Australia:

  • It is an offence to destroy or damage an Indigenous object or site (this can include moving or collecting an object)

  • You can be issued with hefty fines and face jail time for the deliberate destruction or damage to Aboriginal heritage objects or sites.

  • If you do find an Aboriginal site or object on your property, you can work with the relevant heritage body to safeguard the object. This can include returning the object to relevant traditional owners, creating a co-management plan with the local Indigenous community, or avoiding potentially damaging activities (e.g., ploughing, mining, construction) in the area where the site or object is located.

If you find an Indigenous artefact or site, it won't affect your ownership of the land, but it is important to know what to do so we can preserve its history. Many Indigenous communities would love to start a conversation with you about what you found, and the rich history of the country and people.

So what actually happens if you report an Indigenous artefact or site on your property?

Start the Conversation.

If you think you have any Indigenous artefacts or sites on your property, let your local Indigenous community (e.g., the Local Aboriginal Land Council), or your state heritage body know [see State Legislation below]).

Authentication.

Once notified, someone trained in the identification of Indigenous artefacts or sites will generally come and take a look to authenticate the site - basically to confirm that the material/site is in fact Indigenous material.

Management.

Once authenticated, you and the heritage group you’re working with, can start to think about what can be done to help conserve the material. This might be returning the artefacts to the local Indigenous community, setting up a buffer zone around the site, or another solution decided by you and the Indigenous community to which the material belongs.

Handling Guidelines for Indigneous Artefacts

These Guidelines are also available as a:

Guidelines for Artefact Finds
 

This specifically relates to Aboriginal and Torres Strait Islander archaeological artefacts.

Do Not Disturb

If you find an Aboriginal or Torres Strait Islander artefact (e.g. in a national park, reserve, or on your property), leave it where it is – it is illegal in many states to move this heritage material, and this will allow Aboriginal or Torres Strait Islander People to find the object and interpret it as part of the wider landscape. You can notify a park ranger or a museum, take photos and notes, but leave the artefact where it is.

These artefacts are part of the living cultures and histories of Australian Aboriginal and Torres Strait Islander Peoples.

Record the Details

If you find an artefact, take photos of the object, where you found it, and record any other important details. This could be a GPS location, if there are any other artefacts nearby, the date you found the object, and a sketch of the artefact.

Seek Advice

Artefacts you find on your property, or in other settings such as in National Parks, do not belong to you. You should contact the relevant heritage body in your state who can help you connect with local Indigenous communities and manage next steps and care for the artefacts. Harming or damaging artefacts or First Nations sites is illegal.

If you want to know more general information about the artefacts and the history of the land you are on, you can also connect directly with your local Indigenous community, the Local Aboriginal Land Council, or a museum.

Finding artefacts on your property won’t affect your ownership of the land, but many Indigenous communities would love to start conversations with you about what you have found and about the rich history of the country and people.

These guidelines were written in consultation with some of the resources listed below, as well as through consultation with Aboriginal peoples, Indigenous cultural heritage consultants, archaeologists, and palaeontologists who have preferred to stay anonymous. You can read more about the results of our expert consultation here.

 

 State-by-State Legislation

 The laws and governing bodies for Indigenous heritage materials varies from state to state. Here we have provided some easy to navigate information on who to contact if you find something in each state, which legislation protects the material, and extra resources where you can find more information.

NSW
ACT
VIC
QLD
NT
WA
SA
TAS

Who to contact

Heritage in NSW is currently managed by the Department of Climate Change, Energy, Environment and Water, under the Environment and Heritage section. If you find an artefact or site, you are required to contact the Aboriginal Heritage Information Management System (AHIMS) team, who can help you with reporting the find, and future management, care, or repatriation of objects.

Website: https://www.environment.nsw.gov.au/topics/heritage/apply-for-heritage-approvals-and-permits/aboriginal-objects-and-places

Email: heritagemailbox@environment.nsw.gov.au

Phone: 02 9873 8500

If you think that the artefacts or site that you have found are in immediate danger, you can call the Environment Line on 131 555

Legislation

Indigenous artefacts and sites are protected under the NSW Parks and Wildlife Act 1974. If you want to complete work or activities such as ploughing, mining, construction, land clearing, etc. and you have Indigenous artefacts or sites on your land, you may required to apply for a permit if the works will impact the heritage site or objects.

You can access the permit application here: https://www.environment.nsw.gov.au/topics/heritage/apply-for-heritage-approvals-and-permits/aboriginal-objects-and-places/apply-for-an-ahip

Other Resources

Who to contact

ACT Heritage is the governing body for Indigenous artefacts and sites. If you find an artefact or site, you are required to contact ACT Heritage within 5 working days of your discovery. This does not apply to Traditional Ownwers affiliated with the land where the object/site was found. This team can help you with reporting the find, and future management, care, or repatriation of objects.

Website: https://www.environment.act.gov.au/heritage/heritage-in-the-act

Email: heritage@act.gov.au

Phone: 13 22 81

Legislation

Indigenous artefacts and sites are protected under the Heritage Act 2004. If you want to complete work or activities such as ploughing, mining, construction, land clearing, etc. and you have Indigenous artefacts or sites on your land, you are required to apply for a permit.

You can access the permit application here: https://www.legislation.act.gov.au/DownloadFile/af/2014-108/current/PDF/2014-108.PDF

Other Resources

Who to contact

First Peoples – State Relations (previously called Aboriginal Victoria) is the governing body for Indigenous artefacts and sites. The Heritage Register team can help you with reporting the find, and future management, care, or repatriation of objects.

Website: https://www.firstpeoplesrelations.vic.gov.au/report-and-protect-possible-aboriginal-place-or-object

Email: vahr@dpc.vic.gov.au

Phone: 1800 762 003

Legislation

Indigenous artefacts and sites are protected under the Aboriginal Heritage Act 2006. If you want to complete work or activities such as ploughing, mining, construction, land clearing, etc. and you have Indigenous artefacts or sites on your land, you are required to apply for a permit.

You can access the permit application here: https://www.firstpeoplesrelations.vic.gov.au/cultural-heritage-permit

Other Resources

Who to contact

The Department of Women, Aboriginal and Torres Strait Islander Partnerships and Multiculturalism is the governing body for Indigenous artefacts and sites in Queensland. They suggest that you initially contact the Aboriginal Party in the area where the find was made. Aboriginal Parties and their contact details can be located using the public map available through the Department’s Aboriginal and Torres Strait Islander cultural heritage online portal (below). This team can help you with reporting the find, and future management, care, or repatriation of objects.

Website: https://culturalheritage.datsip.qld.gov.au

Email: cultural.heritage@dsdsatsip.qld.gov.au

Phone: 1300 378 401

Legislation

Indigenous artefacts and sites are protected under the Aboriginal Cultural Heritage Act 2003 and the Torres Strait Islander Cultural Heritage Act 2003. If you want to complete work or activities such as ploughing, mining, construction, land clearing, etc. and you have Indigenous artefacts or sites on your land, you are required to apply for a permit.

You can access the permit application here: https://www.qld.gov.au/firstnations/environment-land-use-native-title/cultural-heritage/cultural-heritage-management-plans

Other Resources

Who to contact

The Heritage Branch of the Northern Territory Government is the governing body for Indigenous artefacts and sites. This team can help you with reporting the find, and future management, care, or repatriation of objects.

Website: https://nt.gov.au/leisure/arts-culture-heritage/visit-a-cultural-or-heritage-site/aboriginal-heritage-information

Email: heritage.branch@nt.gov.au

Phone: 08 8999 5039

Legislation

Indigenous artefacts and sites are protected under the Heritage Act 2011. If you want to complete work or activities such as ploughing, mining, construction, land clearing, etc. and you have Indigenous artefacts or sites on your land, you are required to apply for a permit.

You can access the permit application here: https://nt.gov.au/__data/assets/word_doc/0008/200114/application-to-carry-out-work-on-a-heritage-place-or-object.docx

Other Resources

Who to contact:

The WA Legislation recently underwent changed. The Aboriginal Cultural Heritage Act 2021 was repealed and an amended version of the Aboriginal Heritage Act 1972 is currently in place. The Department of Planning, Lands and Heritage governs Indigenous artefacts and sites. This team can help you with reporting the find, and future management, care, or repatriation of objects.

Website: https://www.wa.gov.au/organisation/department-of-planning-lands-and-heritage/aboriginal-heritage-laws

Email: AboriginalHeritage@dplh.wa.gov.au

To check if there is Aboriginal heritage on your land, undertake a search using the Aboriginal Cultural Heritage Inquiry System (ACHIS). This system should be checked anytime before you plan an activity that may impact the land. If there is not a risk to Aboriginal heritage then you may not need a permit, however, you can enquire with the Heritage team if you have questions or are not sure.

Legislation

Indigenous artefacts and sites are protected under the Aboriginal Heritage Act 1972. If you want to complete work or activities such as ploughing, mining, construction, land clearing, etc. and you have Indigenous artefacts or sites on your land, you are required to apply for a permit.

Find out more about Heritage Approvals, including how to apply for an activity permit here: https://www.wa.gov.au/government/document-collections/aboriginal-heritage-approvals

Other Resources

Who to contact:

The Aboriginal Affairs and Reconciliation team (part of the Department of Premier and Cabinet - SA Government) is the governing body for Indigenous artefacts and sites. This team can help you with reporting the find, and future management, care, or repatriation of objects.

Website: https://www.agd.sa.gov.au/aboriginal-affairs-and-reconciliation/aboriginal-heritage/guidance-on-aboriginal-heritage-in-south-australia

Email: aar.conservation@sa.gov.au

Legislation

Indigenous artefacts and sites are protected under the Aboriginal Heritage Act 1988. If you want to complete work or activities such as ploughing, mining, construction, land clearing, etc. and you have Indigenous artefacts or sites on your land, you are required to apply for a permit.

You can access the permit application here: https://www.dpc.sa.gov.au/__data/assets/pdf_file/0015/34602/FactSheet_ProjectPlanning.pdf

Other Resources

Who to contact:

The Aboriginal Heritage Tasmania team is the governing body for Indigenous artefacts and sites. This team can help you with reporting the find, and future management, care, or repatriation of objects.

Website: https://www.aboriginalheritage.tas.gov.au/cultural-heritage

Email: aboriginal@heritage.tas.gov.au

Phone: 1300 487 045

Legislation

Indigenous artefacts and sites are protected under the Aboriginal Heritage Act 1975. If you want to complete work or activities such as ploughing, mining, construction, land clearing, etc. and you have Indigenous artefacts or sites on your land, you are required to apply for a permit. The first step to getting this permit is to do a property search to check if there have been any previous Aboriginal sites or objects recorded on or near your property.

You can access the property search portal here: https://www.aboriginalheritage.tas.gov.au/propertysearch/

Other Resources

This information was last updated 03/03/2022. The above information and resources are to act as a guide only and cannot be used as legal advice.

FACT CHECK: While we strive to provide accurate and honest information that is based on current literature,legislation and resources, we may not always get it right. If you see something that doesn’t look right, please contact us!