Record how a land-use activity will meet a statutory cultural heritage duty of care
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the activity description and the searches the lawyer supplies, build a table of the measures proposed against the ways the Queensland page says the cultural heritage duty of care can be met: the gazetted duty of care guidelines, an approved cultural heritage management plan, a native title agreement or other agreement with an Aboriginal or Torres Strait Islander party that addresses cultural heritage, or native title protection conditions for low-impact mineral exploration where those conditions address cultural heritage. Note if the activity is said to be an emergency. Do not decide that the duty has been met.
- What the lawyer must review
- The lawyer decides whether the duty applies and whether the measures are reasonable and practicable. The Queensland page says anyone carrying out a land-use activity must take all reasonable and practicable measures not to harm Aboriginal or Torres Strait Islander cultural heritage. The duty applies where that heritage is located, including on freehold, and whether or not it is recorded on a database. Consultation with the Aboriginal or Torres Strait Islander party may be necessary if the risk of harm is high.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the activity description and the searches the lawyer supplies, build a table of the measures proposed against the ways the Queensland page says the cultural heritage duty of care can be met: the gazetted duty of care guidelines, an approved cultural heritage management plan, a native title agreement or other agreement with an Aboriginal or Torres Strait Islander party that addresses cultural heritage, or native title protection conditions for low-impact mineral exploration where those conditions address cultural heritage. Note if the activity is said to be an emergency. Do not decide that the duty has been met. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Do not treat absence from the cultural heritage database as absence of heritage.
- Match each proposed measure to one of the compliance paths on the Queensland page, or mark it as outside those paths.
- Confirm the activity's state. This table is built from the Queensland page only.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.