Compliance and enforcement department of aboriginal and. 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. Since 2006, the practice has been that approvals under the mining act 1978 require the resolution of approvals under the aboriginal heritage act 1972 to be granted before the dmirs grants approvals under the mining act 1978. Indigenous heritage management in the era of native title. Heritage background the aboriginal heritage act 2006 and regulations came into effect on 28 may 2007 and provide clear guidance about when, and how, aboriginal cultural heritage management issues need to be considered. Aboriginal heritage legislation aboriginal victoria. Establishment and effectiveness of registered aboriginal parties. Penalties will remain weak while the determination of the significance of heritage rests upon non aboriginal notions of value and significance. Under sections 27, 28 and 29 of the aboriginal heritage act 2006 it is unlawful to harm or do an act likely to harm aboriginal cultural heritage, unless it is in accordance with a cultural heritage permit or approved chmp. Large scale developments and many activities in culturally sensitive landscapes, such as coastal dunes or areas near water, can cause significant harm to aboriginal cultural heritage. Various australian states have also enacted legislation on the return of indigenous human remains. Cultural heritage legislation geoscience australia.
Western australian legislation aboriginal heritage act 1972. The study area contains 30 identified aboriginal cultural heritage sites. Models to reform aboriginal culture and heritage management in nsw i introduction a aboriginal culture and heritage the lands and waters on which new south wales was established have been owned and nurtured by aboriginal people for tens of thousands of years. 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. Fees and penalties for aboriginal heritage activities. Only amendments that have commenced are incorporated. Aboriginal and torres strait islander heritage amendment act 2006 cth. Aboriginal heritage act 2006 etc regulations national parks regulations 20 management plans 2003 management plan relationships the hierarchy is. The aboriginal heritage amendment act 2016 amendment act, which makes changes to the aboriginal heritage act 2006, commenced today. The purpose of a stop order is to stop persons undertaking an activity that may harm aboriginal or torres strait islander cultural heritage. Versions of this act includes consolidations, reprints and as passed versions subsidiary legislation made under this act current versions history of this act.
Part 3protection of aboriginal cultural heritage aboriginal heritage act 2006 no. Part 4cultural heritage management plans aboriginal heritage act 2006 no. Act binds the crown part 2ownership and custody of aboriginal cultural heritage division 1underlying principles 12. 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 cultur al heritage act 2003. Principles division 2 aboriginal ancestral remains 14. The register is administered by the office of aboriginal affairs victoria, in some instances through delegation to registered aboriginal parties. Authorised officers and aboriginal heritage officers. Purpose the main purpose of this act is to provide for the protection of aboriginal cultural heritage in victoria. Heritage act which allow councils to list aboriginal heritage consistent with their obligations to protect indigenous heritage in their area, the provisions are not effectively used as councils assume such heritage is covered by the register of aboriginal heritage provisions under the national parks and wildlife act.
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. They protect and manage the 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. Aboriginal heritage impact assessment sunbury south. The aboriginal heritage act 2005 and the planning permit process has been prepared for use with screen reader software. These provide appropriate penalties and clear powers for authorised officers aos and aboriginal heritage officers ahos. The maximum penalty is 1800 penalty units for an individual and 10,000 penalty units for a body corporate. Inquiry into the establishment and effectiveness of. Indigenous cultural heritage schemes in victoria, queensland and.
The heritage act 2017 commenced operation on 1 november 2017 and introduced a streamlined processes and enforcement tools to ensure victorias significant heritage places and objects are appropriately. Aboriginal heritage act 2006 wurundjeri tribe council. 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. Stolen generations of aboriginal children act 2006 tasmania was the first state or territory in australia to pass legislation to provide payments to members of the stolen generations of aborigines and their children. Protecting aboriginal heritage during land development. The main purpose of this act is to provide for the protection of aboriginal cultural heritage in. Summary of australian cultural heritage legislation. Third reading of the aboriginal cultural heritage bill 2003.
Aboriginal heritage act 2006 assented to 9 may 2006 the parliament of victoria enacts as follows. Queensland aboriginal cultural heritage act 2003 and torres. The aboriginal heritage act 2006includes substantial penalties to provide an effective deterrent against harming aboriginal cultural heritage. Aboriginal heritage act 1972 application and traditional use part ii s. Perspective on proposed changes to the aboriginal heritage act 1972 wa 2012 81 indigenous law bulletin 7, 8.
Part 9 of the aboriginal heritage act 2006 establishes the aboriginal heritage council the. The aboriginal heritage act 2006 the act acts primarily to provide for the protection of aboriginal cultural heritage in victoria. Details northern territory aboriginal sacred sites act 1989. The victorian aboriginal heritage register vahr, is a list of all known aboriginal cultural heritage places in victoria, australia. This practice note describes the key provisions of the aboriginal heritage act 2006 the act, and how it interacts with the planning permit process. 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. Aboriginal cultural heritage act 2003 queensland legislation.
Aboriginal heritage impact assessment lancefield road. Commencement this act comes into operation on a day or days to be proclaimed. 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. We will not be well until this is done recommendations for change june 2014. The aboriginal heritage act 2006 of the state of victoria, australia was enacted to provide for the protection of aboriginal cultural heritage in victoria. Act does not affect operation of coroners act 1985 10.
Salvage excavation this practice note is prepared under section 143 of the aboriginal heritage act 2006 the act. Amendments include a number of significant changes to the way that aboriginal heritage is managed in victoria. Cultural heritage legislation aboriginal and non aboriginal guidelines 4 federal environment protection and biodiversity conservation act 19995 what must you do or not do. 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. Resource and environmental compliance division publication.
Heritage act 2017 and living heritage grants october 2017. The aboriginal heritage act 2006 includes a range of enforcement provisions to provide better protection for aboriginal cultural heritage in victoria. Read an overview of the changes to the act pdf, 186. Fees and penalties under the aboriginal heritage act 2006. The aboriginal heritage act 2006 and the planning permit. It was established by and is regulated under the aboriginal heritage act 2006. Legislative shortcomings hindering aboriginal cultural heritage protection. This practice was adopted for the following reasons. This is the aboriginal cultural heritage bill 2003 as introduced into parliament. Act does not affect operation of coroners act 2008 10. Authorised version incorporating amendments as at 1 january 2020. The act also has processes for handling dispute resolution. Ensure that permit approvals align with recommendations of a cultural heritage management plan approved under the aboriginal heritage act 2006. Act binds the crown part 2ownership and custody of aboriginal cultural heritage 12.
It provides guidance about salvage excavation as it relates to cultural heritage management plans required under the act. In queensland, this legislation consists of the aboriginal cultural heritage act 2003 and the nearly identical torres strait islander cultural heritage act 2003, while in victoria the legislature has adopted the aboriginal heritage act of 2006. The aboriginal heritage act 2006 the act prescribes in regulations the circumstances in which a cultural heritage management plan chmp will be required. The regime which regulates and protects aboriginal heritage in victoria is about to undergo a significant change. Aboriginal heritage marandoo act 1992, 002 of 1992, pdf word html acts amendment and repeal financial sector reform act 1999, 026 of 1999, pdf. Aboriginal cultural heritage management plan western highway duplication. The printed publication contains design features that have been necessarily omitted from this version. While the committees terms of reference were distinct, and focused primarily on. Repatriation of historic human remains law library of. This, argued stephenson, has had the effect of encouraging the combining of. Background report template master national native title tribunal.
The act provides for the protection and management of victorias aboriginal cultural heritage, with processes linked to the victorian planning system. Publications victorian aboriginal heritage council. It continues to be the case that aboriginal heritage may not be legally harmed other than in. Part 4 of the aboriginal heritage act 2006 introduces the requirement for an. It established registered aboriginal parties to act as the primary guardians, keepers and knowledge holders of aboriginal cultural heritage. Legislative shortcomings hindering aboriginal cultural. A new form has been published for corporations wishing to apply to be appointed as a rap. Sk to recognise, protect and conserve aboriginal intangible heritage by recording it on the victorian s. Nineteen of these sites were recorded during a survey for the project and have been submitted to aboriginal affairs victoria for inclusion on the victorian aboriginal heritage register vahr.
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