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First Nations regulatory compliance

Find out about First Nations state, national and international legislation and compliance

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Below is a list of key local First Nations regulatory compliance:

Australian compliance

International compliance

Cultural Heritage Act Compliance

The Queensland Department of Aboriginal & Torres Strait Islander Partnerships (DATSIP), in conjunction with the Department of Environment and Heritage Protection (EHP), is responsible for investigating activities that have allegedly breached Aboriginal or Torres Strait Islander cultural heritage legislation.

A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal or Torres Strait Islander cultural heritage

Failure to comply with the following can result in a maximum penalty of $1,437,500 for corporations and $143,750 for individuals

  • A person must not harm, excavate, relocate or take away, Aboriginal or Torres Strait Islander cultural heritage if the person knows or ought reasonably to know that it is Aboriginal or Torres Strait Islander cultural heritage
  • A person must not have in the person’s possession an object that is Aboriginal or Torres Strait Islander cultural heritage if the person knows or ought reasonably to know that the object is Aboriginal or Torres Strait Islander cultural heritage

A person who is found to have harmed cultural heritage that has been recorded on the Aboriginal and Torres Strait Islander cultural heritage register may be imprisoned for up to two years.

On conviction of a person for an offence, the court may order the person to pay the State or another appropriate entity an amount towards the cost of any repair or restoration of cultural heritage.

For more information please see the Cultural Heritage Compliance Factsheet

Customer enquiries relating to the region’s Traditional Custodians, council’s Reconciliation Action Plan or other First Nations projects supported by council, can be emailed to the First Nations Partnerships team.

Native Title

Native Title is about recognising and protecting First Nations (Aboriginal and Torres Strait Islander) peoples, country, and culture, according to the Australian law, Native Title Act 1993 (Cth). First Nations people have rights and interests to country that come from their traditional laws and customs.

Resolving a Native Title claim is a complex and time-consuming process that involves the recognition of two systems of law:

  • The traditional law and custom of First Nations peoples; and the Australian common law and statute law
  • In order to have Native Title recognised, the claim group is required to give evidence to show that people have a connection to their land and sea country under the systems of traditional law and custom. ‘Connection’ evidence can include genealogical research, cultural mapping and analysis of laws, customs and language

Native Title groups

The Sunshine Coast region is home to two Traditional Custodian groups, the Kabi Kabi peoples and the Jinibara peoples.

More information

If you wish to request Traditional Custodian engagement, please email the First Nations Partnerships team.

Customer enquiries relating to the region’s Traditional Custodians, council’s Reconciliation Action Plan or other First Nations projects supported by council, can be emailed to the First Nations Partnerships team.