---
title: "Queensland cultural heritage duty of care record"
url: "https://ailawframework.com/precedents/energy-resources-and-mining/qld-cultural-heritage-duty"
type: "precedent"
site: "AI Law Framework"
id: "a13-qld-cultural-heritage-duty"
area_id: "A13"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A13-T1-R9", "A13-X20260927-4"]
law_stated_as_at: "2026-10-22"
---

# 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.

Canonical page: https://ailawframework.com/precedents/energy-resources-and-mining/qld-cultural-heritage-duty  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Energy, Resources & Mining](https://ailawframework.com/precedents/energy-resources-and-mining.md)
- Jurisdictions: Queensland
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the authority it cites, for Queensland.

## 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

- [Review cultural-heritage and mine-closure obligations on the tenement](https://ailawframework.com/practice/energy-resources-and-mining/review-cultural-heritage-and-mine-closure-obligations-on-the-tenement.md)
- [Prepare the cultural heritage approval pack for ground disturbance](https://ailawframework.com/practice/energy-resources-and-mining/prepare-the-cultural-heritage-approval-pack-for-ground-disturbance.md)

## 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

## Authorities

- [Queensland Government, Cultural heritage duty of care (updated 19 October 2026): the duty, the ways it can be met, emergency, and the penalties stated on that page](https://www.qld.gov.au/firstnations/environment-land-use-native-title/cultural-heritage/cultural-heritage-duty-of-care)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/energy-resources-and-mining/qld-cultural-heritage-duty and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*