Checklist · Energy, Resources & Mining

Queensland cultural heritage duty of care record

A record of how a land user will meet the cultural heritage duty of care under the Queensland cultural heritage Acts, using the duty of care page updated on 19 October 2026.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Queensland
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the authority it cites, for Queensland.
Version
1
Source
Written for this library

When to use it

Use before ground disturbance or another land-use activity in Queensland where Aboriginal or Torres Strait Islander cultural heritage may be harmed. It does not replace the gazetted guidelines or a cultural heritage management plan.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may record the activity, the land tenure and which compliance path is claimed; the lawyer decides whether the path meets the duty and whether consultation is required.

AI may

  • Enter the activity and match it to one of the compliance paths named on the page
  • Note that the duty applies on freehold and whether or not heritage is already on a database
  • Flag that no Torres Strait Islander guideline has been gazetted, as the page states

AI must not

  • Must not decide that an activity is unlikely to harm cultural heritage
  • Must not draft a cultural heritage management plan or an agreement
  • Must not treat a database search that found nothing as the end of the duty

The lawyer checks

  • The activity is matched to a path the page says can meet the duty, and that document is on the file
  • The gazetted Aboriginal cultural heritage duty of care guidelines are read before a guidelines path is relied on
  • A high risk of harm is considered for consultation with the Aboriginal or Torres Strait Islander party
  • Native title protection conditions are used only where they address cultural heritage, and only for low-impact mineral exploration

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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