Aboriginal site disturbance

What is a site disturbance

You are disturbing a site when you excavate, destroy, damage, conceal, or in any way alter any Aboriginal site without prior authorisation of the Registrar of Aboriginal sites and/or consent of the Minister for Indigenous Affairs.
The Aboriginal Heritage Act 1972 (AHA) protects places and objects that may be of importance and significance to people of Aboriginal descent in Western Australia. These places and objects may be identified as a site and recorded on the Register of Aboriginal sites. All sites are protected under the AHA whether or not they are recorded on the Register. Under section 17 of the AHA it is an offence to disturb a site.

How to report a site disturbance

If you come across an alleged disturbance of a site, please contact a Department of Indigenous Affairs (DIA) office or the police.

What happens after reporting a site disturbance to DIA

When an alleged site disturbance is reported to DIA, the matter will be officially registered and an investigation of the site will be conducted. DIA will also engage legal officers.

If the matter turns out to be not a site disturbance, DIA will not proceed with enforcement.

If, after investigation, the matter is declared a site disturbance, DIA’s Director General makes a decision to either proceed or not proceed with enforcement. If the decision is not to proceed, the matter closes.

If the Director General decides for prosecution, a recommendation will be made to the Minister. The Minister makes a final decision about whether or not to proceed.

If prosecution goes ahead, the matter will proceed through the State Solicitors Office with support from DIA.

Consequences of site disturbance

Disturbing a site is an offence against the AHA and may lead to legal action. In the case of a disturbance by an individual, penalties comprise fines from $ 20,000 to $ 40,000 and imprisonment for nine months to two years and a daily penalty of $400.

A disturbance by a body corporate may result in penalties that comprise fines ranging from $50,000 to $100,000 and a daily penalty of $1,000.

How to avoid site disturbance

If you want to use land that contains one or more Aboriginal site(s) you must seek consent from the Minister for Indigenous Affairs. Consent is needed for both scientific investigation (section 16 AHA) and for land development (Section 18 AHA).