A new form has been published for corporations wishing to apply to be appointed as a rap. The australian association of consulting archaeologists inc. Historical heritage impact assessment of this environment effects statement ees. Ensure that permit approvals align with recommendations of a cultural heritage management plan approved under the aboriginal heritage act 2006. Otherwise there is a risk that they will be overlooked when more detailed planning occurs or relegated as a. Amendments include a number of significant changes to the way that aboriginal heritage is managed in victoria. They protect and manage the aboriginal cultural heritage in victoria. The aboriginal heritage act 2006 the act acts primarily to provide for the protection of aboriginal cultural heritage in victoria. Aboriginal heritage act 2006 the act protects aboriginal cultural heritage in victoria to the greatest extent possible. Part 6 provides specific protection for aboriginal objects and declared aboriginal places by establishing offences of harm, which includes destroying, defacing or damaging an aboriginal. Aboriginal heritage act 2006 sect 4 definitions 1 in this act s. The aboriginal heritage act 2006 greater shepparton city. The heritage act 2004 offers protection for aboriginal heritage places however it is councils view that when significant places are known about, their conservation should be clearly reflected from the earliest planning processes.
This is the aboriginal cultural heritage bill 2003 as introduced into parliament. The aboriginal heritage amendment act 2016 amendment act, which makes changes to the aboriginal heritage act 2006, commenced today. The regime which regulates and protects aboriginal heritage in victoria is about to undergo a significant change. Act aboriginal and torres strait islander population. Potential impacts on historical heritage are considered in chapter 15. The act heritage council, co heritage unit, level 2 annex, macarthur house, 12 wattle street, lyneham and if possible, email an. 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. Act binds the crown part 2ownership and custody of aboriginal cultural heritage division 1underlying principles 12. The chmp considers a process for the project to consider interpretation of relevant aboriginal heritage. All states and territories prohibit harm or damage to cultural heritage, although they differ in. The printed publication contains design features that have been necessarily omitted from this version. 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.
Protecting heritage and enforcing the act aboriginal victoria. I understand that mineralogy is the principal proponent to the iron ore processing mineralogy pty. 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. Aboriginal cultural heritage act how is aboriginal. Cultural heritage legislation aboriginal and non aboriginal guidelines 3 o intangible phenomena, such as customs and language. 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. 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. This practice note describes the key provisions of the aboriginal heritage act 2006 the act, and how it interacts with the planning permit process. 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. Aboriginal and torres strait islander heritage protection act 1994 commonwealth aboriginal heritage act 2006 catchment and land protection act 1994 climate change act 2017 coastal management act 1995 conservation, forests and lands act 1987 crown land reserves act 1978 emergency management act 1986 vic environment effects act 1987. Fees and penalties under the aboriginal heritage act 2006.
Aboriginal heritage act 1972 ahru aboriginal heritage research unit aifrs australian equivalents to international financial reporting standards. The aboriginal heritage act 2006 of the state of victoria, australia was enacted to provide for the protection of aboriginal cultural heritage in victoria. 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 heritage register request for restricted information. 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. The aboriginal heritage regulations 2018 the regulations give effect to the act through procedures linked to the victorian planning system and other land development. Online registration for this seminar is now closed. Australian heritage laws exist at the national commonwealth level, and at each of australian capital territory, new south wales, northern territory, queensland, south australia, tasmania, victoria, western australia state and territory levels.
Aboriginal heritage act 2006 aha not the tos act is the victorian legislation which manages and protects aboriginal cultural heritage. Furthermore, under section 49 of the victorian aboriginal heritage act 2006, a chmp must be prepared for any project for which an environment effects statement ees is required as is the. Where applicable, the code provides information in relation to the requirements of related laws and policies. Heritage victoria, is required within 30 days of the discovery of a historical archaeological site. Act 2006 aboriginal cultural heritage in victoria is protected and managed under the terms of the aboriginal heritage act 2006.
Act 1988, the wildlife act 1975, the heritage act 1995, the aboriginal heritage act 2006 ah act, the water act 1989 and the environment protection and biodiversity conservation act 1999 clth. Additionally, a voluntary chmp may be undertaken for proposed high impact. Part 6 provides specific protection for aboriginal objects and declared aboriginal places by establishing offences of harm, which includes destroying, defacing or damaging an aboriginal object. Detailed heritage assessment aboriginal and historical heritage. Western geelong growth area, batesford, fyansford, hamlyn. 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.
Queensland aboriginal cultural heritage act 2003 and torres strait islander cultural. Summary of australian cultural heritage legislation. Fees and fines payable under the aboriginal heritage act 2006. These estimates also show that the median age of the act aboriginal and torres strait islander population at june 2006 was 21 years, reflecting a. Aug 01, 2016 the aboriginal heritage amendment act 2016 amendment act, which makes changes to the aboriginal heritage act 2006, commenced today.
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. This act provides for the protection of aboriginal cultural heritage in victoria. Aboriginal cultural heritage act 2003 queensland legislation. The aboriginal heritage regulations 2018 the regulations give effect to the act through procedures linked to the victorian planning system and other land. Fines and prescribed fees 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. 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. The aboriginal heritage act 2005 and the planning permit process has been prepared for use with screen reader software.
City of melbournes policies, namely the heritage strategy 20 and the aboriginal heritage action plan 201518 and in accordance with the aboriginal heritage act 2006. Western australian legislation aboriginal heritage act 1972. Cultural heritage legislation aboriginal and non aboriginal guidelines 4 federal environment protection and biodiversity conservation act 19995 what must you do or not do. We welcome the changes to the aboriginal heritage act 2006 which clarify this priority and strengthen the links with the native title act 1993 and the traditional owner settlement act 2010. The aboriginal heritage act 2006 includes a range of enforcement provisions to provide better protection for aboriginal cultural heritage in victoria. 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. In accordance with the requirements of sections 611 of the financial management act 2006, i hereby submit to the minister for indigenous affairs for information and presentation to parliament, the annual reports for the department of indigenous affairs and the aboriginal affairs planning.
Jackie tang acting director general 7 september 2007. 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. The aboriginal heritage act 2006 and the planning permit. Versions of this act includes consolidations, reprints and as passed versions subsidiary legislation made under this act current versions history of this act. Generally there are separate laws governing aboriginal cultural heritage and historical sometimes referred to as postcontact or non. The department is responsible for protecting aboriginal heritage, assisting with compliance with the act and providing access to heritage information.
The victorian aboriginal heritage council council is a statutory body established under the aboriginal heritage act 2006 the act. Application to places this act applies to a any place of importance and significance where persons of aboriginal descent have, or appear to have, left any. Identify, assess and document places of aboriginal cultural heritage significance, in consultation with relevant registered aboriginal parties, as a basis for their. 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. It is important to be aware of the fact that all aboriginal sites in nsw are protected under the national parks and wildlife act 1974, and it is an offence to damage or destroy them this includes collecting artefacts without prior permission of the nsw government. Heritage act 2006, the aboriginal heritage regulations 2007 and. Aboriginal cultural heritage in victoria is assessed under the aboriginal heritage act 2006. It established registered aboriginal parties to act as the primary guardians, keepers and knowledge holders of aboriginal cultural heritage. Aboriginal heritage act 2006 wurundjeri tribe council. It continues to be the case that aboriginal heritage may not be legally harmed other than in. 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. Cultural heritage legislation geoscience australia. Aboriginal heritage department of planning, lands and heritage.
The aboriginal heritage act 2006 and the planning permit process. Aboriginal heritage consulting greatest challenge for management client price and development area traditional owners respect and protection of heritage regulatory authority compliance with regulations. Guidelines for conducting historical archaeological surveys. Third reading of the aboriginal cultural heritage bill 2003. Jan 22, 2015 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. The act heritage council, gpo box 158, canberra act 2602 o by fax to. Aboriginal heritage legislation aboriginal victoria. Aboriginal cultural heritage act how is aboriginal cultural. 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. Therefore, any legislation which manages impacts on land in victoria must be consistent with the aha and. 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. Cultural heritage legislation indigenous and non indigenous. Aboriginal heritage department of planning, lands and.
Aboriginal heritage act 1972 part ii application and traditional use s. The main purpose of this act is to provide for the protection of aboriginal cultural heritage in. Qld, aboriginal heritage act 1988 sa, aboriginal relics act 1975 tas. Provide for the protection and conservation of pre and postcontact aboriginal cultural heritage places. Rehabilitation strategy lvrrs council aboriginal heritage. 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 act 1972 application and traditional use part ii s. Martang submission into aboriginal heritage act 2006 may 2. Cultural heritage legislation aboriginal and nonaboriginal guidelines 4 federal environment protection and biodiversity conservation act 19995 what must you do or not do. On 16 april 2003, the queensland aboriginal cultural heritage act 2003 was passed by parliament to provide statutory protection to all aboriginal heritage across the state, irrespective of whether the heritage was previously identified by the states cultural heritage coordination unit, of the department of natural resources and water. August 2006 under s119 heritage act 2004 approved forms lodging your form please send this form o by mail to. Aos must be employees of the victorian public service or an inspector, enforcement officer or authorised officer under another act. The national parks and wildlife act 1974 npw act is the primary legislation for the protection of some aspects of aboriginal cultural heritage in nsw. Only amendments that have commenced are incorporated.
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