A core component of this act is the preparation of aboriginal cultural heritage management plans chmps, which are required under certain circumstances for high impact activities. The aboriginal heritage act 2006 greater shepparton city. Aboriginal heritage act 2006 victorian legislation. Practice note salvage excavation 1 aboriginal heritage act 2006 practice note. The victorian aboriginal heritage register vahr, is a list of all known aboriginal cultural heritage places in victoria, australia. 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. Aug 01, 2016 the aboriginal heritage amendment act 2016 amendment act, which makes changes to the aboriginal heritage act 2006, commenced today. Victorian aboriginal heritage act 2006 vic victorianaboriginalheritageact2006. The aboriginal heritage act 2005 and the planning permit process has been prepared for use with screen reader software. 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. Aboriginal heritage department of planning, lands and heritage.
Aos must be employees of the victorian public service or an inspector, enforcement officer or authorised officer under another act. The aboriginal heritage act 2006 includes a range of enforcement provisions to provide better protection for aboriginal cultural heritage in victoria. The council comprises solely of traditional owners with its key responsibilities including to appoint registered aboriginal parties raps and promote awareness of aboriginal cultural heritage. It continues to be the case that aboriginal heritage may not be legally harmed other than in. Act 2006 aboriginal cultural heritage in victoria is protected and managed under the terms of the aboriginal heritage act 2006.
Salvage excavation this practice note is prepared under section 143 of the aboriginal heritage act 2006 the act. The australian association of consulting archaeologists inc. Aboriginal cultural heritage act how is aboriginal cultural. However, please note that a chmp is required if the minister directs a chmp to be prepared s48, aboriginal heritage act 2006 or if an. The aboriginal heritage regulations 2018 the regulations give effect to the act through procedures linked to the victorian planning system and other land development.
Part 2ownership and custody of aboriginal cultural heritage. One of the revised objects of the act is to promote the sustainable management of built and cultural heritage including aboriginal cultural heritage. Third reading of the aboriginal cultural heritage bill 2003. The purpose of a stop order is to stop persons undertaking an activity that may harm aboriginal or torres strait islander cultural heritage. Qld, aboriginal heritage act 1988 sa, aboriginal relics act 1975 tas. This covers any harm caused by individuals or corporations to an aboriginal site and there should be no need to fence off or bar access to it. Aboriginal sites are of immense cultural, scientific, educational and historic interest and provide aboriginal people with an important link to their present and past culture. Aboriginal land rights amendment act 2006 no 111 amendment of aboriginal land rights act 1983 schedule 1 a to take action to protect the culture and heritage of aboriginal persons in the councils area, subject to any other law, b to promote awareness in the community of the culture and heritage of aboriginal persons in the councils area. Cultural heritage legislation indigenous and non indigenous. It established registered aboriginal parties to act as the primary guardians, keepers and knowledge holders of aboriginal cultural heritage. Western australian legislation aboriginal heritage act 1972. 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.
Aboriginal heritage impact assessment sunbury south precinct. The findings and recommendations of the victorian heritage council for postcontact aboriginal heritage places where relevant. Redefining indigenous intangible cultural heritage 4 executive summary as a nationalinstitute, aiatsis works at the intersectionof indigenous and nonindigenous knowledges, playing an important role in the mediationof those knowledges and supportingtheir expression and protection via our research and collections work. Aboriginal heritage legislation aboriginal victoria.
Submission for proposed interim protection declaration. Aboriginal heritage act 2006 a cultural heritage management plan chmp is required for the project in each of the two rap areas which would be affected by the project. It is in the above context that the victorian aboriginal heritage act 2006, including the appointment of a peak traditional owner representative body and traditional owner groups managing the aboriginal cultural heritage on their country, begins to redress this. Council will be responsible for managing this fund. Victorian aboriginal heritage act 2006 vic cultural. This is the aboriginal cultural heritage bill 2003 as introduced into parliament. Ensure that permit approvals align with recommendations of a cultural heritage management plan approved under the aboriginal heritage act 2006. The printed publication contains design features that have been necessarily omitted from this version. Queensland aboriginal cultural heritage act 2003 and torres strait. Aboriginal cultural heritage act 2003 queensland legislation.
Aboriginal cultural heritage act 2003 an act to make provision for aboriginal cultural heritage, and for other purposes part 1 preliminary division 1 introduction 1 short title this act may be cited as the aboriginal cultural heritage act 2003. 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. An act to provide for aboriginal and torres strait islander corporations, and for related purposes. Aboriginal heritage act 2006 wurundjeri tribe council. Only amendments that have commenced are incorporated. The victorian aboriginal heritage council council is a statutory body established under the aboriginal heritage act 2006 the act. Heritage management plan must be prepared for any project for which an ees has been required. Act binds the crown part 2ownership and custody of aboriginal cultural heritage division 1underlying principles 12.
Guidelines for conducting historical archaeological surveys. Victorian aboriginal heritage council publications 10 year anniversary may 2017 aboriginal peoples of victoria have fought for generations for recognition of their unique relationship with and custodianship of their lands. It was established by and is regulated under the aboriginal heritage act 2006. 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. Aboriginal heritage impact assessment sunbury south. The main purpose of this act is to provide for the protection of aboriginal cultural heritage in. The aboriginal heritage act 2006 and the planning permit process. Cultural heritage legislation aboriginal and nonaboriginal guidelines 4 federal environment protection and biodiversity conservation act 19995 what must you do or not do. Planning practice note 45 the aboriginal heritage act 2006 and the planning permit process. Aboriginal heritage department of planning, lands and. This act provides for the protection of aboriginal cultural heritage in victoria. The aboriginal heritage amendment act 2016 amendment act, which makes changes to the aboriginal heritage act 2006, commenced today.
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. These provide appropriate penalties and clear powers for authorised officers aos and aboriginal heritage officers ahos. Aboriginal cultural heritage act how is aboriginal. The aboriginal heritage act 2006 the act acts primarily to provide for the protection of aboriginal cultural heritage in victoria. Heritage victoria, is required within 30 days of the discovery of a historical archaeological site. The department is responsible for protecting aboriginal heritage, assisting with compliance with the act and providing access to heritage information.
Heritage act 2006, the aboriginal heritage regulations 2007 and. This practice note describes the key provisions of the aboriginal heritage act 2006 the act, and how it interacts with the planning permit process. The findings and recommendations of the aboriginal heritage council. How the aboriginal heritage system works is a response to requests made at the workshops for more background information on aboriginal heritage legislation in this state and in other australian states and territories. Perspective on proposed changes to the aboriginal heritage act 1972 wa 2012 81 indigenous law bulletin 7, 8. Sep 27, 2016 aboriginal cultural heritage act 2003 an act to make provision for aboriginal cultural heritage, and for other purposes part 1 preliminary division 1 introduction 1 short title this act may be cited as the aboriginal cultural heritage act 2003. The aboriginal heritage act 2006 provides there must be paid into the fund. Aboriginal heritage impact assessment lancefield road. May 14, 2020 victorian aboriginal heritage council publications 10 year anniversary may 2017 aboriginal peoples of victoria have fought for generations for recognition of their unique relationship with and custodianship of their lands. Protecting heritage and enforcing the act aboriginal victoria. Fees and penalties under the aboriginal heritage act 2006. Corporations aboriginal and torres strait islander act 2006. The aboriginal heritage act 2006 of the state of victoria, australia was enacted to provide for the protection of aboriginal cultural heritage in victoria. Map 11 shows all the allotments that currently fall within areas of cultural heritage sensitivity as defined by the aboriginal heritage regulations 2007 and would therefore require a mandatory chmp for any high impact activities.
It provides an overview of the aboriginal heritage system in nsw. Fees and fines payable under the aboriginal heritage act 2006. Pdf the aboriginal cultural heritage act 2003 challenged the hegemony that western. Aboriginal cultural heritage, with processes linked to the victorian planning system. Version incorporating amendments as at 1 january 2012. 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. 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. Act does not affect operation of coroners act 1985 10.
A stop order can be issued under section 32 of the aboriginal cultural heritage act 2003 pdf and the torres strait islander cultural heritage act 2003 pdf the acts. 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. The aboriginal heritage act 2006 and the planning permit. The aboriginal heritage act 2006 for all aboriginal cultural heritage. Rehabilitation strategy lvrrs council aboriginal heritage. Cultural heritage legislation aboriginal and non aboriginal guidelines 3 o intangible phenomena, such as customs and language. Aboriginal heritage act 1972 application and traditional use part ii s.
The chmps would include management recommendations which detail the approach to managing potential impacts on aboriginal cultural heritage sites. It provides guidance about salvage excavation as it relates to cultural heritage management plans required under the act. Amendments include a number of significant changes to the way that aboriginal heritage is managed in victoria. Martang submission into aboriginal heritage act 2006 may 2. All states and territories prohibit harm or damage to cultural heritage, although they differ in. Pdf a completely new approach to indigenous cultural. Versions of this act includes consolidations, reprints and as passed versions subsidiary legislation made under this act current versions history of this act. It has been highlighted within the report that that the work undertaken for this investigation does not constitute a desktop or standard assessment for any future cultural heritage management plans that may be conducted within the lancefield road psp area. Compliance and enforcement department of aboriginal and.
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