A heritage survey in the context of native title and Prescribed Bodies Corporate (PBCs) is a process used to identify, assess, and protect cultural heritage sites and values on land and waters subject to native title rights and interests. It is particularly important before any development or land use (e.g., mining, infrastructure) takes place.
To ensure Aboriginal or Torres Strait Islander cultural heritage (like sacred sites, ceremonial grounds, or burial sites) is not disturbed or damaged.
To inform land users (like governments or companies) of any restrictions or obligations under heritage and native title laws.
To support PBCs in fulfilling their obligations under the Native Title Act 1993 and relevant state/territory heritage laws.
Usually arranged by the
PBC or native title
holders.
Carried out by heritage consultants with the participation of traditional owners or knowledge holders.
May involve archaeologists, anthropologists, or ecologists, depending on the area and scope.
Before any activity that may impact land or water—e.g., mining, exploration, construction.
Often required by developers as part of their legal due diligence and approvals process.
Native Title Act
1993 (Cth)
Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth)
Relevant state/territory cultural heritage legislation
The mining company contacts the PBC to request
access for exploration activities.
The PBC assesses the proposed activity to determine:
o Whether it affects native title rights and interests.
o Whether it triggers a heritage survey.
If needed, the PBC and the developer:
o Negotiate terms for the heritage survey (including funding—usually paid by the developer).
o Decide who participates (e.g., traditional owners, elders, cultural monitors).
o Establish protocols for site access, confidentiality, and reporting
The survey team:
o Visits the site with traditional owners and heritage experts.
o Identifies any sacred sites, artefacts, or restricted areas.
o Maps and records findings.
o May recommend avoidance zones or conditions for development
A heritage report is prepared:
o Given to both the PBC and the developer.
o May be used to update land use plans or negotiate agreements (like Indigenous Land Use Agreements – ILUAs).
If needed, the PBC and the developer:
o If significant sites are found, the PBC may refuse consent or impose conditions.
o If the project proceeds, ongoing monitoring may be required.
If needed, the PBC and the developer:
o If significant sites are found, the PBC may refuse consent or impose conditions.
o If the project proceeds, ongoing monitoring may be required.
Respects the cultural authority of Traditional Owners.
Helps prevent legal breaches under heritage laws.
Empowers PBCs to protect and manage Country responsibly.
Target Audience/Customers for the Heritage Survey Process
1. External Parties (e.g., Developers, Miners, Government Agencies)
o These parties request land access or development rights within Kultju Country.
o They must engage with the PBC to negotiate survey agreements and comply with cultural heritage protections.
2. Internal Governance (Kultju PBC Board, Admin Staff)
o The PBC facilitates and manages the logistics, documentation, and legal compliance of surveys.
o They ensure only authorised Kultju members and common law holders participate in fieldwork.
3. Legal and Cultural Heritage Consultants (when approved by Kultju PBC)
o If involved, these professionals must act under the direction of Kultju people and the PBC.
o Their role is advisory or technical, not cultural decision-making.
Only Kultju Members and Common Law Holders have the authority to identify, assess, and speak for cultural heritage on Kultju Country. All heritage surveys must be conducted under their leadership and direction.
