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Unexpected heritage finds for opal miners

The Unexpected Heritage Finds Procedure (the ‘Procedure’) provides a framework for the management of Aboriginal and/or historical (non-Aboriginal) heritage objects/relics that you may encounter while undertaking mining activities on your small-scale title. 

The Procedure provides clear instructions to enable you to identify, assess and avoid potential harm to cultural heritage objects, where possible.

Aboriginal objects and non-Aboriginal heritage relics are protected by law in NSW, and Australia more broadly. The National Parks and Wildlife Act 1974 and Heritage Act 1977 are the legislative instruments that protect Aboriginal cultural heritage and historical (non-Aboriginal) heritage, respectively. 

The Department of Climate Change, Energy, the Environment and Water (DCCEEW) is the government body responsible for regulating the management of cultural heritage in New South Wales, including both Aboriginal and historical (non-Aboriginal) cultural heritage.

The procedure

The Department of Primary Industries and Regional Development recognises that day-to-day opal mining activities require use of mechanical excavation equipment and other plant that will generally result in disturbance to the ground surface. In some areas of regional New South Wales Aboriginal objects and/or historical relics may be encountered during the course of these activities.

In the event that Aboriginal objects (including suspected human remains) or historical relics are located during approved mining activities, the protocol must be followed.

  1. Immediately notify all workers in the immediate vicinity to suspend all activities.
  2. IMPORTANT! If skeletal remains are identified, all work in the vicinity must stop immediately, the location must be cordoned off and the NSW Police notified. Human skeletal remains are protected under NSW statutory controls and must be treated as a crime scene until investigated by the appropriate authorities.
  3. The area containing the unexpected heritage find must be cordoned off as a ‘no-go’ zone. Use boundary tape, witches hats or other suitable items you have on hand. Ideally, this zone must include a minimum 5 metres buffer of land that does not contain any visible heritage objects.
  4. Take a photograph of the unexpected heritage find and include a scale for reference (there is a photographic scale on the back of this pamphlet that you can use, otherwise use another item you have on you, e.g. keys, wallet etc). Record any other details that may be relevant (number of objects, type, shape, material etc.).
  5. Seek further advice by immediately calling the Department of Climate Change, Energy, the Environment and Water (DCCEEW) on the Environment Line (131 555). When notifying DCCEEW, provide any relevant details of your unexpected heritage find including location, description of the object(s), protective measures put in place and/or if the objects have been damaged etc. DCCEEW will provide you with guidance on the next steps.

Further information

For further information on the Unexpected Heritage Finds Procedure, to see examples of what to look for or to access a printable copy - please see:

Additional resources