National Parks and Wildlife Amendment Act 2010.

The New South Wales (NSW) Aboriginal cultural heritage regulatory regime is undergoing significant reform with the National Parks and Wildlife Amendment Act 2010 (Amendment Act). Other changes aimed at environmental protection are also introduced under the Amendment Act, including provisions relating to the regulation of native plants, fauna and threatened species. Key changes include the introduction of a strict liability offence into the NPW Act for Aboriginal objects and places, exemption and defence provisions for those offences and new processes for applications for Aboriginal Heritage Impact Permits (AHIP). The amendments are supported by other key regulatory instruments including the Revised Consultation Draft Due Diligence Code of Practice for the Protection of Aboriginal Objects in NSW and the Aboriginal cultural heritage consultation requirements for proponents 2010, Part 6 National Parks and Wildlife Act 1974.
Commencement is to occur in two stages with the first stage of amendments, which relate to a broad range of provisions under the NPW Act such as authorized officer powers and threatened species provisions, commencing on 2 July 2010. The first stage of amendments, which commenced on 2 July 2010, aim to strengthen enforcement and improve compliance with the National Parks and Wildlife Act 1974 and the Threatened Species Conservation Act 1995. Various new offence provisions under the TSC Act were also introduced as part of the first stage of amendments, including evidentiary provisions and Court orders. Existing offences relating to Aboriginal objects and places will be replaced with new offences, including a strict liability offence, on 1 October 2010 as part of the second stage of reforms, along with offence exemptions and defences. Additional amendments include the introduction of new processes for AHIP applications, consultation guidelines to support the AHIP application process and mechanical provisions such as the transfer and variations of conditions of AHIP.