---
title: "Cultural heritage duty of care assessment for a project: checklist and record (Aboriginal Cultural Heritage Act 2003 (Qld) s 23 and the gazetted guidelines)"
url: "https://ailawframework.com/precedents/native-title-and-first-nations-legal-work/cultural-heritage-duty-of-care-checklist-qld"
type: "precedent"
site: "AI Law Framework"
id: "a36-cultural-heritage-duty-of-care-checklist-qld"
area_id: "A36"
kind: "checklist"
ai_level: "red"
version: 1
task_ids: ["A36-T1-R9"]
law_stated_as_at: "2026-10-18"
---

# Cultural heritage duty of care assessment for a project: checklist and record (Aboriginal Cultural Heritage Act 2003 (Qld) s 23 and the gazetted guidelines)

> Project checklist for a land user in Queensland: which activity category applies under the duty of care guidelines, the s 23(2) factors a court may consider, register and database searches, when to consult the…

Canonical page: https://ailawframework.com/precedents/native-title-and-first-nations-legal-work/cultural-heritage-duty-of-care-checklist-qld  
Law stated as at: 2026-10-18

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

Project checklist for a land user in Queensland: which activity category applies under the duty of care guidelines, the s 23(2) factors a court may consider, register and database searches, when to consult the Aboriginal Party, and when an agreement or a cultural heritage management plan is needed.

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Native Title & First Nations Legal Work](https://ailawframework.com/precedents/native-title-and-first-nations-legal-work.md)
- Jurisdictions: Queensland
- AI level: Red. Keep AI out of the decisive steps. A lawyer does the work.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the 3 authorities it cites, for Queensland.

## When to use it

Use at project planning, before any ground disturbance, for proponents, councils and landholders in Queensland, and for lawyers advising Aboriginal Parties on whether a proponent has met the duty. For Torres Strait Islander cultural heritage, no guidelines have been gazetted; use the s 23 factors without the categories. For other states, use the local due diligence regime.

## Used for these tasks

- [Map cultural-heritage permit and consultation duties for a project](https://ailawframework.com/practice/native-title-and-first-nations-legal-work.md#A36-T1-R9)

## How AI may be used

The lawyer, the cultural heritage adviser and the Aboriginal Party make the assessment; AI may only organise project documents, extract search results into the record and track steps, and writes nothing about the presence, nature or significance of cultural heritage.

**AI may:**

- Extract the project description, disturbance footprint and past land use from engineering and environmental documents into Part A
- Copy the results of register and database searches into Part D exactly as returned, with the search date and reference
- Track consultation steps and dates in the log from correspondence provided by the lawyer

**AI must not:**

- Must not assess or state whether cultural heritage is present, its nature or its significance; that comes from the Aboriginal Party and qualified advisers
- Must not assign the activity category; that is the lawyer’s and adviser’s judgement applying the guidelines to the facts
- Must not receive or store information about sites, stories or restricted knowledge without the Aboriginal Party’s informed consent and an approved environment

**The lawyer checks:**

- The category chosen is supported by the facts in Part A, and any doubt between categories is resolved towards the higher-risk category
- Register and database searches cover the whole footprint, were made recently and are filed with the record
- The correct Aboriginal Party for the area has been identified and consulted where the activity is category 5 or will disturb a known place
- Where agreement cannot be reached, the need for a cultural heritage management plan under Part 7 has been advised

## Authorities

- [Aboriginal Cultural Heritage Act 2003 (Qld) s 23 (cultural heritage duty of care; factors a court may consider; when the duty is taken to be met), as set out in the Cultural heritage duty of care guidelines, Part 1](https://www.qld.gov.au/__data/assets/word_doc/0031/175198/duty-of-care-guidelines-2026.docx)
- [Queensland Government, Cultural heritage duty of care guidelines (gazetted under s 28 of the Aboriginal Cultural Heritage Act 2003), Part 2: activity categories 1 to 5, consultation (para 7), studies and surveys (para 8), register and database searches (para 9)](https://www.qld.gov.au/__data/assets/word_doc/0031/175198/duty-of-care-guidelines-2026.docx)
- [Queensland Government, Cultural heritage duty of care (no guidelines gazetted under the Torres Strait Islander Cultural Heritage Act 2003)](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/native-title-and-first-nations-legal-work/cultural-heritage-duty-of-care-checklist-qld 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.*