Underwater Cultural Heritage Act 2018 (Cth) – new Underwater Cultural Heritage Guidelines
Consultation opened on 1 August 2024 on the new guidelines for archaeological assessment of First Nations Underwater Cultural Heritage (Draft Archaeological Guidelines). The Draft Archaeological Guidelines, released by the Commonwealth Department of Climate Change, Energy, the Environment and Water, support the Underwater Cultural Heritage Act 2018 (Cth) (UCH Act). They flow on from the more general Underwater Cultural Heritage Guidelines which were published earlier in 2024.
This legislation was developed in recognition that First Nations people have occupied the lands and waters of Australia for millennia. During that occupation period, sea levels have fluctuated but were approximately 40 meters lower or more than present sea levels for most of that time. The physical evidence that people lived on parts of the continent that are now underwater could be impacted by near and offshore development. The draft guidelines communicate ways to locate and assess potential archaeological sites and artefacts which form part of this underwater cultural heritage.
The Draft Archaeological Guidelines address the demand for Commonwealth standards for the archaeological assessment and management of First Nations underwater cultural heritage in Commonwealth waters in the near and offshore development industry. They guide near and offshore developers and underwater archaeologists on how to meet the requirements of the UCH Act for protecting and managing First Nations (archaeological) underwater cultural heritage.
The Draft Archaeological Guidelines are relevant to all proposed developments within Commonwealth waters which involve potential physical impact to the seabed that may disturb, remove, or damage First Nations Underwater Cultural Heritage. This may include offshore windfarms and infrastructure.
The consultation period closes on 29 November 2024 and feedback may be provided online or through lodging a submission.
The new guidelines are detailed and technical. For more detailed information see consult.dcceew.gov.au/technical-guidelines-archaeological-assessment-of-fnuch