Tasmania opens consultation on draft Aboriginal heritage law to replace 1975 Act

Tasmania has opened public consultation on a proposed overhaul of the state’s Aboriginal heritage laws, with the government releasing a draft Aboriginal Heritage Bill that would replace legislation first enacted in 1975 and reshape how heritage is protected, assessed and enforced.

The draft Bill is intended to modernise the framework for identifying and managing Aboriginal heritage in Tasmania, including cultural sites, objects and places of significance. Government material accompanying the consultation says the reforms are designed to strengthen protections for Aboriginal heritage while providing clearer processes for industry and project proponents seeking approvals.

According to the consultation documents, the proposed law would introduce stronger and more flexible protection mechanisms, as well as mandatory timeframes for approvals and clearer assessment requirements. The draft also seeks to provide more regulatory certainty, outlining how projects should be assessed when Aboriginal heritage is present and what enforcement actions can be taken if sites are damaged or rules are breached.

Minister for Resources Bridget Archer said the consultation period was intended to encourage wide participation, particularly from Aboriginal communities. “There will be an extensive consultation period, and we encourage all Tasmanian Aboriginal people to provide their feedback” she said.

The consultation papers indicate the Bill is expected to set out updated roles for government and for Aboriginal voices in decision-making. The proposed reforms are framed as putting Tasmanian Aboriginal people at the centre of heritage decisions, recognising that Aboriginal heritage is not only archaeological but also living culture connected to Country, community responsibilities and ongoing practices.

Submissions can be made online, with the consultation scheduled to close on 6 July 2026. The government has indicated ongoing engagement with Aboriginal organisations and Aboriginal community-controlled organisations will continue alongside the public process, with the final legislation intended to be introduced to Parliament later this year.

The proposed changes arrive amid long-running calls to update heritage frameworks across Australia, following disputes about development, mining and infrastructure projects that intersect with culturally significant areas. For Tasmanian Aboriginal communities, the way heritage decisions are made can affect access to places of significance, how knowledge is protected, and whether cultural responsibilities can be carried out without interference.

The government’s draft now places the next phase of reform in the hands of the community: how the Bill is strengthened, clarified or reshaped through submissions will determine whether the promised balance between protection and development is achieved in practice.