Legislation and heritage protections heritage heritage. Victorian aboriginal cultural heritage issues relevant to the investigation into public land use categories the victorian aboriginal heritage council council is a statutory authority established under the aboriginal heritage act 2006 the ah act to provide a state wide voice for aboriginal people on the management of cultural. Council will be responsible for managing this fund. Summary of australian cultural heritage legislation. This document is also available in word and pdf formats on the internet at. The aboriginal heritage act 2006 for all aboriginal cultural heritage. Online registration for this seminar is now closed. The creation ancestors gave us a kinship system linking. Victoria has the strongest laws in the nation to protect its aboriginal cultural heritage. Aboriginal heritage act 2006, there are only six areas of legislated cultural heritage sensitivity in the study area. Wewillnotbewelluntilthisisdone victorian aboriginal heritage council. Aboriginal people have lived a seminomadic existence of fishing, hunting and gathering, and farming eels in victoria for at least 40,000 years.
File mmrajmpwaarpnn000822 20 april 2016 revision c1 term definition abbreviation aboriginal cultural heritage impact assessment na achia aboriginal heritage act 2006 na the act aboriginal historical places are generally related to occupation of particular areas after dislocation and interference caused by european occupation of the region. Protecting heritage and enforcing the act aboriginal victoria. This act provides for the protection of aboriginal cultural heritage in victoria. All six areas of sensitivity involve land within 50 m of a registered aboriginal place regulation r. The findings and recommendations of the aboriginal heritage council. The edithvale road, edithvale and station streetbondi road, bonbeach level crossing removal projects were. The original rap application from emac was made on 25 july 2011. Guidelines for conducting historical archaeological surveys. Aboriginal heritage legislation aboriginal victoria. Ownership of secret or sacred objects before the aboriginal heritage amendment act 2016 21a. A chmp is required under section 47 of the victorian aboriginal heritage act 2006 if any high impact activity is planned in an identified area of cultural heritage sensitivity that has not been subject to significant ground disturbance, as defined in the victorian aboriginal heritage regulations 2007. Level sill outlet a pond or drain outlet point which causes water to spread evenly across a level surface to dissipate energy before being released to the environment. The aboriginal heritage act 2006 the act and aboriginal heritage regulations 2007 the regulations require that a mandatory chmp be prepared for any high impact activity taking place within an area of cultural heritage sensitivity. Ensure that permit approvals align with recommendations of a cultural heritage management plan approved under the aboriginal heritage act 2006.
Heritage act 2006, the aboriginal heritage regulations 2007 and. Qld, aboriginal heritage act 1988 sa, aboriginal relics act 1975 tas. Cultural heritage legislation geoscience australia. Functions of the secretary division 3victorian aboriginal heritage register 144. At a local level, registered aboriginal parties raps are the voice of aboriginal people in the management and protection of aboriginal cultural heritage in victoria. Aboriginal heritage act 2006 no 16 of 2006 austlii. The aboriginal heritage amendment bill 2015, which was passed by parliament on 22 march 2016, introduces a suite of substantive and administrative changes to the aboriginal heritage act 2006.
The aboriginal heritage act 2006 links the protection of aboriginal cultural heritage in victoria with planning and land development processes. Victorian aboriginal cultural heritage issues relevant. Act does not affect operation of coroners act 1985 10. Victorian heritage act 1995 and local government planning polices and planning schemes. The aboriginal heritage act 2006 the act acts primarily to provide for the protection of aboriginal cultural heritage in victoria. The aboriginal heritage act 2006 includes a range of enforcement provisions to provide better protection for aboriginal cultural heritage in victoria. The first aboriginal cultural heritage fund in victoria the first aboriginal cultural heritage fund fund ever created in victoria was established on 1 august 2016. The victorian aboriginal heritage council council is a statutory authority established under the aboriginal heritage act 2006 the aha to provide a state wide voice for aboriginal people on the management of cultural heritage.
Aboriginal cultural heritage act how is aboriginal cultural heritage act abbreviated. This act, through its indigenousled, participatory decisionmaking council model and registered aboriginal party rap mechanisms, achieves this objective more successfully than previous legislative and regulatory regimes. The council has various functions under the aboriginal heritage act 2006 aha with regard to the. Therefore, any legislation which manages impacts on land in victoria must be consistent with the aha and. Cultural heritage management plan for the purposes of the aboriginal heritage act 2006. Heritage sites sites of cultural significance identified under the heritage act 1995 or the aboriginal heritage act 2006. Indigenous cultural heritage schemes in victoria, queensland and. They protect and manage the aboriginal cultural heritage in victoria. The aboriginal heritage act 2006 provides there must be paid into the fund. Aboriginal heritage act 2006 the act protects aboriginal cultural heritage in victoria to the greatest extent possible. The aboriginal heritage act 2006 greater shepparton city. The aboriginal heritage act 2006 and the planning permit. Along with base support for managing aboriginal cultural heritage, todays funding will also support a member of staff to monitor compliance with the aboriginal heritage act 2006 in wathaurungs area. Our land, planning and environment practice group invites you to hear from one of the victorian governments key legal advisers in the area of native title, traditional owner rights, and cultural heritage.
One of councils primary functions is to appoint registered aboriginal parties. Aboriginal cultural heritage, with processes linked to the victorian planning system. This practice note describes the key provisions of the aboriginal heritage act 2006 the act, and how it interacts with the planning permit process. This form, approved by the secretary, department of premier and cabinet secretary, specifies the format in which a cultural heritage management plan management plan must be prepared by a sponsor in order to comply with the aboriginal heritage. Under the victorian aboriginal heritage act 2006, a rap is a statutory authority and has responsibilities for the protection and management of aboriginal cultural heritage. Review of the victorian aboriginal heritage act concludes. Frankston line cultural heritage indigenous and european. Victorian aboriginal and local government action plan. Aos and ahos are appointed by the minister for aboriginal affairs to investigate and monitor compliance with the aboriginal heritage act 2006 and to enforce protection measures when necessary. Aboriginal heritage places are not always identified within heritage overlay controls so check first with your local council. Northern geelong growth area, lovely banks and lara.
The act includes provisions for the establishment of a network of registered aboriginal parties raps and gives these raps responsibility for protection and management of aboriginal cultural heritage at the local level. The findings and recommendations of the victorian heritage council for postcontact aboriginal heritage places where relevant. Aboriginal heritage act 2006 recognises aboriginal people as the primary guardians, keepers and knowledge holders of aboriginal cultural heritage. The regime which regulates and protects aboriginal heritage in victoria is about to undergo a significant change. Iav encourages architects to gain a better understanding of the aboriginal history of all sites they work on and we can provided detailed support and. The victorian aboriginal heritage council council welcomes the opportunity to comment on the flora and fauna guarantee act 1988 ffga consultation paper paper. Council is a statutory authority established under the aboriginal heritage act 2006 the aha. Aos must be employees of the victorian public service or an inspector, enforcement officer or authorised officer under another act. Overview this is a preliminary submission by traditional owners in victoria to the parliamentary inquiry on rap decisions made by the vahc and the vahc.
The victorian aboriginal heritage council council declined the application from eastern maar aboriginal corporation emac to be a registered aboriginal party rap under the aboriginal heritage act 2006 act. Return of secret or sacred objects by state entity 23. The act recognises aboriginal people as the primary guardians, keepers and knowledge holders of aboriginal cultural heritage. Intersection with the aboriginal heritage act 2006 aboriginal cultural heritage in victoria is protected and managed under the terms of the aboriginal heritage act 2006. Tarneit plains precinct structure plan psp1085, victoria. Aboriginal cultural heritage act how is aboriginal. The victorian aboriginal heritage council council welcomes the opportunity to provide comment on the sepp waters policy impact assessment impact assessment. Objectives the objectives of this act are a to recognise, protect and conserve aboriginal cultural heritage in victoria in ways that are based on respect for aboriginal knowledge and cultural and traditional practices. Areas of aboriginal cultural heritage sensitivity are a key aspect of the aboriginal heritage act 2006 which aims to recognise, protect and conserve aboriginal cultural heritage in victoria. It recognises aboriginal people as the primary guardians, keepers and knowledge holders of aboriginal cultural heritage and promotes the use of agreements that provide for the management and protection of aboriginal cultural heritage. Western geelong growth area, batesford, fyansford, hamlyn. Protecting aboriginal cultural heritage premier of victoria. The victorian government is removing 50 of melbournes most dangerous and congested level crossings.
Interim emissions reduction targets for victoria 20212030 issues paper the victorian aboriginal heritage council council is a statutory body established under the. It established registered aboriginal parties to act as the primary guardians, keepers and knowledge holders of aboriginal cultural heritage. It must be emphasised, however, that the report is not intended to meet the requirements of a formal. Under the aboriginal heritage act 2006, a cultural heritage management plan chmp is required triggered for any high impact activities undertaken within areas of cultural heritage sensitivity as defined by the aboriginal heritage regulations 2007. The victorian aboriginal heritage councils submission on the great ocean road region issues paper the victorian aboriginal heritage council council is a statutory body established under the aboriginal heritage act 2006 the act. The printed publication contains design features that have been necessarily omitted from this version.
The aboriginal heritage act 2005 and the planning permit process has been prepared for use with screen reader software. The council provides a range of advisory services, and has also established a natural resource management nrm team, referred to as the narrap team, which manage. Index table search search this act notes noteup download help. Pending the preparation of chmp for activity areas that contain aboriginal cultural heritage sites, it is an offence under the aboriginal heritage act 2006 to knowingly harm those sites. For european heritage, we have engaged independent experts who specialise in heritage assessments and heritage impact assessments to identify significant sites and consider potential impacts on heritage listed assets, such as railway stations and gardens.
The main purpose of this act is to provide for the protection of aboriginal cultural heritage in. The aboriginal heritage regulations 2018 the regulations give effect to the act through procedures linked to the victorian planning system and other land. Victorian aboriginal communities and peoples are culturally diverse, with rich and varied heritages and histories both pre and postinvasion. Victorian aboriginal heritage act 2006 vic system, with significant changes to recognise the network of existing aboriginal organisations in nsw such as land councils and native title groups and to respond to some of the issues which have been identified through the. Fees and penalties under the aboriginal heritage act 2006. Aboriginal heritage act 2006 victorian legislation and. Division 3 victorian aboriginal heritage register 94 144 victorian aboriginal heritage register 94 145 what is in the register. Ownership of secret or sacred objects after the aboriginal heritage amendment act 2016 21b. A chmp is required under section 47 of the victorian aboriginal heritage act 2006 if any high impact activity is planned in an identified area of cultural heritage sensitivity that has not been subject to significant ground disturbance, as defined. The victorian aboriginal and local government action plan will be a valuable resource to further strengthen relationships between aboriginal communities and local councils, and contribute to the better outcomes we all seek for victorians. Aboriginal heritage act 2006 aha not the tos act is the victorian legislation which manages and protects aboriginal cultural heritage.
Victorian current acts search this act aboriginal heritage act 2006 table of provisions part 1preliminary 1. Queensland aboriginal cultural heritage act 2003 and torres strait islander cultural. The victorian aboriginal heritage councils submission on the independent expert panel. What must the council do with transferred secret or sacred objects. However, the aboriginal heritage regulations 2007 also state that. The aboriginal heritage act 2006 the act aims to recognise, protect and conserve aboriginal cultural heritage in victoria, in ways that are based on respect for aboriginal knowledge and cultural and traditional practices. Victorian aboriginal heritage act 2006 wurundjeri tribe council. Edithvale and bonbeach level crossing removal projects. Additionally, a voluntary chmp may be undertaken for proposed high impact.
However, if a historical site is discovered during any works or activities approved under the aboriginal heritage act, a victorian heritage inventory site card must be lodged with. The aboriginal heritage act 2006 and the planning permit process. For information about fees and fines under the aboriginal heritage act 2006 the act, please view a list of automatically indexed fees and fines which are the responsibility of the department of premier and cabinet. The act provides for the protection and management of victorias. Aboriginal victorians, the aboriginal australians of victoria, australia, occupied the land for tens of thousands of years prior to european settlement.
1190 567 1085 841 697 18 75 1469 4 1051 579 1248 725 236 1319 1437 1226 480 1384 1134 1191 1498 1366 251 1435 887 747 77 160 1363 1016 33 1224 299 839