Advisory Note: Exploration Licence Holders
This Advisory Note describes relevant provisions of the Aboriginal Heritage Act 2006 (“the Act”) and the obligations of Exploration Licence (“EL”) holders to protect Aboriginal heritage when undertaking works in EL areas. This Advisory Note covers the following:
- the Aboriginal Heritage Act 2006
- the obligation to protect Aboriginal heritage during EL works
- when is preparation of a Cultural Heritage Management Plan mandatory
- how to consider Aboriginal heritage if a CHMP is not required
- what if there are Aboriginal heritage places in the EL area
- where to find further information and advice.
What is the Aboriginal Heritage Act 2006?
The Act provides protection for all Aboriginal places, objects and Aboriginal Ancestral Remains in Victoria, regardless of their inclusion on the Victorian Aboriginal Heritage Register or whether they are located on public or private land.
When is the preparation of a Cultural Heritage Management Plan mandatory?
In certain cases, the Act requires the preparation of a Cultural Heritage Management Plan(“CHMP”) by a proponent to ensure Aboriginal heritage is fully considered, before works commence. A CHMP is a written report setting out the results of an assessment of an area to determine the nature of any Aboriginal cultural heritage present in the area, along with conditions for measures to be taken before, during and after an activity to manage and protect any Aboriginal heritage identified.
A CHMP is required if the proposed works constitute a ‘high impact activity’ and impact an ‘area of cultural heritage sensitivity’. These terms are defined in the Aboriginal Heritage Regulations 2018 (Part 2 Division 5 and Part 2, Division 3 respectively) and are outlined below.
If you hold an EL granted after May 2007, you will have received a map from Aboriginal Victoria (AV) showing the areas of cultural heritage sensitivity within the EL area. If you hold an EL granted prior to the above date, you can obtain a map showing areas of cultural heritage sensitivity from the AV website. If you are planning a high impact activity in one of these areas, the Department of Economic Development, Jobs, Transport and Resources cannot approve a work plan until a CHMP is approved for the proposed exploration activity.
Exploration works that do not require a work plan do not require a CHMP before they can be undertaken. This is limited to low impact exploration as defined by theMineral Resources (Sustainable Development) Act 1990.
AV has indicatively mapped areas of cultural heritage sensitivity across Victoria and the maps are available on the AV website:
Preparation of a CHMP is mandatory if the project requires an Environment Effects Statement or if the Minister for Aboriginal Affairs so directs.
What exploration activities are considered ‘high impact’ by the Act?
Exploration activities will always be high impact activities if they require a work plan and cause ‘significant ground disturbance’ as defined in the Regulations. However, some exploration activities are not considered high impact, and may be conducted within an area of cultural heritage sensitivity, without completing a CHMP, because they do not involve significant ground disturbance.
If the proposed exploration activities only include those listed in Table A, you do not have to prepare a CHMP before obtaining a Work Plan approval, even if these are proposed for an area of cultural heritage sensitivity. If the proposed activities include those listed in Table B, and they are proposed for an area of cultural heritage sensitivity (as listed in the Regulations or on AV’s map) you must prepare a CHMP before you can obtain approval of a work plan. If works are proposed that are not referred to in Table A or B above, and you are uncertain about whether a CHMP is required, you should seek advice from AV (see contact details below).
Considering Aboriginal cultural heritage where a mandatory CHMP is not required
Regardless of whether a CHMP is required, all Aboriginal heritage is protected under the Act. Therefore, if you are proposing exploration activities (even if they are not high impact activities) in an area of cultural heritage sensitivity, you need to consider the potential impact the activities may have on Aboriginal heritage.
If Aboriginal cultural heritage is found during exploration works (and no CHMP was required) it should be reported to OAAV and you will need to obtain a cultural heritage permit to harm the Aboriginal cultural heritage
In cases where a CHMP is not mandatory under the Act, a CHMP may be prepared voluntarily. The benefits of preparing a voluntary CHMP include:
- identifying Aboriginal heritage values in advance of works;
- providing Aboriginal heritage management recommendations during exploration;
- clarifying which Aboriginal organisations are responsible for decisions under the Act;
- clarifying procedures if Aboriginal cultural heritage is discovered and will be affected by the proposed works;
- avoiding potential delays to exploration if Aboriginal cultural heritage is discovered;
- helping to ensure ongoing compliance with the requirements of the Act and Regulations.
The following measures can be undertaken as part of a due diligence process, when considering the impact of exploration works on Aboriginal cultural heritage and whether a voluntary CHMP is appropriate:
- check the Victorian Aboriginal Heritage Register for specific information relating to any Aboriginal places listed in your EL area;
- seek advice from the Registered Aboriginal Party or parties responsible for the EL area;
- seek advice from AV
What if there are Aboriginal heritage places within the EL area?
If there are Aboriginal heritage places identified within the EL area that are recorded in the Victorian Aboriginal Heritage Register, you cannot work within 100m laterally or vertically of those places unless you obtain approval pursuant to s.45 of the Mineral Resources (Sustainable Development) Act 1990.
These will form areas of cultural heritage sensitivity on the map provided by AV. If you wish to have further detailed information regarding these places, you may apply for access to the Victorian Aboriginal Heritage Register via the OAAV website at
What do I do if I discover Aboriginal heritage before or during works?
If an approved CHMP is in place for your activity, there will be contingency plans, measures and requirements in place for dealing with discoveries of Aboriginal cultural heritage. Follow these.
If you haven’t prepared a CHMP for your activities, you will need to take the following action immediately:
1.Stop all exploration works within at least 100m of the discovery
2.Report the discovery to Aboriginal Victoria (AV), and
3.If any suspected human remains are found during any activity, works must cease. The Victoria Police and the State Coroner’s Office should be notified immediately. If there are reasonable grounds to believe the remains are Aboriginal, the Coronial Admissions and Enquiries hotline must be contacted immediately on 1300 888 544.
Before continuing with exploration works, you will need to obtain authorisation under the Act to harm the Aboriginal cultural heritage.
Advisory Note: Exploration Licence Holders
Advisory Note: Exploration Licence Holders