Application to use land (section 18 notices)
If you own a piece of land on which an Aboriginal site is located, and you want to use this land e.g. for development, you need to apply for consent from the Minister for Indigenous Affairs to do so under section 18 of the Aboriginal Heritage Act 1972 (AHA).
The Aboriginal Material Cultural Committee (ACMC) considers applications from landowners to use land on which Aboriginal sites and objects are located. The Committee then recommends to the Minister for Indigenous Affairs whether consent should be given to use the land for the purpose sought.
After the Minister considers the ACMC recommendations and also regards the general interest of the community he or she will either grant consent to the use of the land for the purpose sought or refuse to consent. If the Minister consents, conditions may be attached to the use of the land.
Important information regarding the Section 18 process:
Interaction between the Aboriginal Heritage Act 1972 and the Environmental Protection Act 1986.
The Department of Indigenous Affairs no longer requires development proponents to provide detailed information about environmental assessment of their application when they submit Section 18 Notices.
Not all notices submitted to the Department of Indigenous Affairs trigger an Environmental Protection Authority referral.
However, applicants should be aware that, should a significant proposal be brought to the attention of the Minister for Indigenous Affairs by the Minister for Environment, the Minister for Indigenous Affairs’ power to make a decision under the Aboriginal Heritage Act 1972 is constrained until the Environmental Protection Act 1986 Part IV assessment is complete. On occasion the Department of Indigenous Affairs may need to make enquiries to ensure there is no referral in place at the time the MIA is making his decision about the Notice.
In practice, the Department of Indigenous Affairs may request some information from the Applicant to ensure that a proposal is not a significant proposal which would trigger a referral by our Minister to the Minister for Environment. Most of the time such referrals are unlikely as proponents usually refer any significant proposals to the Environmental Protection Authority themselves.
The Minister for Indigenous Affairs is subject to the Environmental Protection Act 1986 Part IV requirements if he has received notice from the Environmental Protection Authority.
Please direct an further queries to:
Registrar of Aboriginal Sites
Department of Indigenous Affairs
Level 1, 197 St Georges Terrace Perth WA 6000
Andrew.Burke@dia.wa.gov.au
Steps to approval of your application
- DIA encourages you to liaise with a DIA heritage officer to ensure your application includes relevant and appropriate information.
- You prepare and develop your application using the template provided by DIA.
- You submit your application to the Register at DIA.
- DIA assesses the application.
- If application is adequate DIA includes it on ACMC agenda. (more information)
- ACMC assesses application and makes a recommendation.
- Minister for Indigenous Affairs decides.
Guidelines for preparing and lodging an application
DIA encourages applicants to use the DIA template for lodging an application to use land. The use of the template ensures that applicants provide complete and relevant information to the ACMC.
Click here to download the template and the completion checklist.
DIA has developed guidelines to provide practical guidance for landowners about how to prepare an application for the ACMC. The guidelines explain what to include and how the information should be presented.
Guidelines how to prepare an application to use land
You can also download the entire guidelines as a brochure.
Note: These are guidelines only. As an applicant you should always obtain your own professional legal and other advice on the meaning and application of the Aboriginal Heritage Act 1972 to your own particular circumstances.
Information required by DIA
DIA presents applications to the ACMC when the information allows an informed assessment under the AHA. An application under section 18 of the AHA must include the following:
- A Section 18 Notice application form, completed and signed by the owner of the land and/or applicant. An applicant who is not the owner of the land must include a letter of authorisation signed by the land owner to undertake the purpose described in the application.
- A cover letter addressing the application and supporting documentation.
- A list of attachments/inclusions, e.g. Certificates of Title, photographs, maps.
- Final coloured versions of Aboriginal heritage survey reports. Draft reports will not be accepted.
- DIA Aboriginal site recording forms must be submitted for all newly recorded sites and all previously registered sites that have new information recorded as part of the s18 application process. All photographs, diagrams and maps must be in colour. Site recording forms are considered as part of the application.
- 15 copies of all documents are required, collated to make 15 individual ‘packages’ with all attachments and inclusions (but not in a bound single volume). All maps / diagrams / photographs must be in colour for each copy.
- A digital copy of the application package, inclusive of all attachments, maps, spatial data (shapefile format preferred), on CD or other digital media.
Note: Incomplete applications will not be considered. Applications not accompanied by relevant site recording forms are considered to be incomplete.
How to submit your application
You should lodge your application with the Registrar of Aboriginal Sites at DIA.
Access to Aboriginal site files and Heritage survey reports
You can access Aboriginal site files and Heritage survey reports online or in person and the DIA head office in Perth.
For mapping information, digital data, aerial photography and online products contact Landgate, Sales & Product Enquiries.