A Strengthened Aboriginal Heritage Act 2006

A strengthened Aboriginal Heritage Act 2006

The Aboriginal Heritage Amendment Act 2016 (the Amendment Act) establishes new provisions and changes to the Aboriginal Heritage Act 2006. The Amendment Act is informed by the Victorian Government Response to theReview of the Aboriginal Heritage Act 2006, the Parliamentary Inquiry into the Establishment and Effectiveness of Registered Aboriginal Parties, the release of an Aboriginal Heritage Amendment Bill Exposure Draft, and widespread consultation with Traditional Owners, industry groups, local Government, State and Commonwealth Government and cultural heritage professionals.

New provisions of the Amendment Act:

▪empowering Registered Aboriginal Parties (RAPs) to determine cultural heritage permit applications;

▪the introduction of the Preliminary Aboriginal Heritage Test (PAHT) system – a voluntary process allowing certification by the Secretary as to whether a cultural heritage management plan (CHMP) is required;

▪enabling the Secretary to establish an Activity Advisory Group (AAG) of Traditional Owners for a project in an area where there is no appointed RAP, to advise on the proposed activity and its impact on Aboriginal cultural heritage;

▪establishing Aboriginal Cultural Heritage Land Management Agreements (ACHLMAs) – enabling a public land manager and a RAP to negotiate and agree on how cultural heritage will be managed for low-to-medium impact works and management activities in an area of land;

▪Aboriginal Heritage Officers to be employed by RAPs to monitor sponsor compliance with CHMPs and with the power to issue improvement notices and 24-hour stop orders;

▪the Victorian Aboriginal Heritage Council (VAHC) to coordinate the management, return and protection of Aboriginal Ancestral Remains within Victoria;

▪a process to enable registration ofAboriginal intangible heritageon the Victorian Aboriginal Heritage Register. Aboriginal intangible heritageagreements will allow Traditional Owners to decide on whether and how their traditional knowledge is used and for what purpose;

▪Fees and charges collected under the Act, relevant Government appropriation such as funds allocated to support RAPs, additional gifts and interest earned on investments, to go into an Aboriginal Cultural Heritage Management Fund, to be managed by the VAHC. On the VAHC’s recommendation, funds will be used to facilitate Aboriginal cultural heritage management and protection projects.

Other amendments:

▪the ability to amend cultural heritage management plans (CHMPs) after approval;

▪removing the requirement for a CHMP for certain small developments in urban areas;

▪strengthened offences and penalties and new offences to improve the enforceability of the Act and strengthen its deterrent effects;

▪a new cultural heritage permit (CHP) to rehabilitate land at an Aboriginal place, including land containing burial grounds for Aboriginal Ancestral Remains;

▪a new CHP to inter Aboriginal Ancestral Remains at an Aboriginal place,

▪introducing a 30-day CHP application consideration period;

▪removing the requirement for a CHP to buy an Aboriginal object;

▪additional roles and reporting functions for RAPs and the VAHC;

▪a power for the VAHC to establish and call upon its own advisory committees as required;

▪new fees to support the administration of the Act;

▪additional RAP application provisions; and

▪additional persons and organisations able to access the Victorian Aboriginal Heritage Register;

▪a new offence related to the misuse of VAHR information;

▪new and clarifieddefinitions.

These reforms will enhance Victoria’s best-practice Aboriginal cultural heritage management system, by providing new processes that build on the foundations established by the Aboriginal Heritage Act 2006.

Information sheet: Aboriginal Heritage Amendment Act 20161