We have created a free checklist to set out the necessary steps to review a survey request, organise an appropriate survey team and correctly report survey findings. More generally, this checklist identifies issues Traditional Owners should consider so that heritage can be effectively managed.
Heritage surveys are a necessary part of ensuring explorers and miners comply with their obligations under agreements and heritage legislation when conducting activities on country. More importantly, heritage surveys play an important role in ensuring Traditional Owners are consulted and informed about what happens on country. This allows Traditional Owners to assess any risks to heritage during exploration and mining activities and how those risks can be minimised
Aside from complying with the law and managing risks, heritage surveys also play an important role in establishing an effective relationship between companies and Traditional Owners. Being proactive in conducting heritage surveys ensures that Aboriginal heritage issues form an integral consideration from the initial stages of a project. This also helps to establish lines of communication for Traditional Owners to voice heritage concerns or report issues.
To put Traditional Owners in the best position to assess risks to heritage, establish an effective relationship with companies and explorers and uphold heritage considerations during all stages of activities on country, there are several factors you will need to consider. This checklist has been prepared to set out the necessary steps and identify issues Traditional Owners should consider so that heritage can be effectively managed.
MPS Law strongly encourages you to read this document in conjunction with our Heritage Survey Workflow. This template workflow (or process) is available here.
Note: These documents are intended as a guide only to assist with the preparation and conduct of a heritage survey. This does not constitute legal advice. The issues and questions set out are of a general nature and may not reflect your specific circumstances. There may be additional and important considerations that should be taken into account in your specific circumstances, depending on the parties’ contractual requirements and any internal survey procedures. If you or your organisation has a legal problem you should obtain professional advice from a legal practitioner.