First Nations and Underwater Cultural Heritage
This factsheet explains how the Underwater Cultural Heritage Act 2018 (Cth) protects underwater cultural heritage, in particular First Nations underwater cultural heritage.
Summary
Key takeaways
The Act applies to physical First Nations underwater cultural heritage such as artefacts or sites, but does not apply to intangible cultural heritage, such as traditions, stories, songlines or social practices.
The Act automatically protects the remains of vessels that have been in Australian waters for at least 75 years. This includes the remains of First Nations boats and canoes.
It is an offence to engage in conduct that has an adverse impact on protected underwater cultural heritage without a permit.
Key actions
Community engagement is not a requirement under the Act. However, companies that are planning offshore petroleum and gas projects must consult with Traditional Owners that have a connection to Sea Country under the Offshore Petroleum and Greenhouse Gas Act 2006. Visit EDO’s factsheet on What you need to know about offshore oil and gas (petroleum) for more information.
